SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Section 374 Cr.P.C. has been filed against the judgment of conviction and order of sentence dated 29.09.2008 passed by the learned Additional District and Sessions Judge (Fast Track), No.2, Pali in Sessinos Case No.5/2008, whereby the accused-appellants have been convicted for the offences under Sections 148 , 302 , 302 / 149 , 323 , 323 / 149 , 324 , 324 / 149 IPC and have been sentenced as under:- U/s.148 IPC All the accused-appellants were sentenced to undergo three years' simple imprisonment with fine of Rs.500/-, in default of payment of fine to further undergo one month's simple imprisonment. U/s.302, 302/149 IPC All the accused-appellants were sentenced to undergo imprisonment for life with fine of Rs.5000/-, in default of payment of fine to further undergo one year's simple imprisonment. U/s.323 and 323/149 IPC All the accused-appellants were sentenced to undergo one year's simple imprisonment with fine of Rs.500/-, in default of payment of fine to further undergo one month's simple imprisonment. U/s.324 and 324/149 IPC All the accused-appellants were sentenced to undergo three years' simple imprisonment with fine of Rs.1000/-, in default of payment of fine to further undergo three months' simple imprisonment. All the sentenced were ordered to run concurrently.

(2.) Briefly stated the facts of the case are that a written report (Ex.P/49) was submitted by the complainant Ramkaran @ Om Karan @ Omiya on 12.11.2007 at 2.00 P.M. at Camp Jagdamba Colony, Naya Gaon, Pali wherein it is stated that he was sitting with his mother, maternal uncle ( ekek) and sister near the hut, at that time, Shankerlal, Mishrilal, Prakash, Ummed Ram, Sukha Ram, Kanya came there with a common intention. Shankarlal, Mishrilal and Prakash were carrying a kunt and other co-accused were carrying lathis in their hands and threatened to bury them as they did not leave the plot and with that intention, accused-appellants Shankarlal and Mishrilal inflicted kunt blows to his mother, resultantly, she received injuries on head and neck and she fell down and his maternal uncle (ekek) was beaten by lathis, resultantly he fell down. Meanwhile, his cousin Bhundaram (son of his maternal uncle) came from village side, then Shankerlal, Mishrilal and Prakash inflicted kunt blows due to which he fell down on the ground. It was stated that on seeing this he started running, then Shankerlal inflicted kunt blow from backside. Due to the incident, his mother and Bhundaram died on the spot. At that time, due to hue and cry, Binjaram, Anwar Khan and Sayari reached there who saw the incident. His sister Indra was also there.

(3.) On the basis of this information, FIR was registered and filed charge-sheet for the offences as mentioned in the FIR and the charges under the above mentioned offences were framed. The accused denied the charges and sought trial.