ARJUN AHIR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-appellants challenging judgment and order dated 28.11.1988 passed by the Court of Additional District and Sessions Judge, Jaipur District, Jaipur (for short 'the trial court') whereby they have been convicted and sentenced in the following manner: <FRM>JUDGEMENT_77_LAWS(RAJ)5_2018_1.html</FRM> All the sentences were ordered to run concurrently.

(2.) Facts of the case are that the deceased Ram Narain and the accused appellant Arjun are real brothers and there was some dispute regarding the partition of the land. On 11.07.1986, Smt. Pushpa (P.W.5) submitted a written report (Exhibit P-4) at Police Station Shahpura alleging that her husband Ram Narain went to his field at about 11.00 AM and was cultivating the field through tractor. Her daughter also went with her husband. It was stated that the complainant Arjun had also got his land adjacent to their land and from there Arjun, Pooran, Shriram, Smt. Mohari wife of Arjun and Mangali daughter of Arjun came with lathi and khurpa in the field and started beating her husband Ram Narain. When her daughter made hue and cry, she came rushing there. Her husband was lying on the ground and her condition was very bad. It was further stated that these persons committed offence after coming on their field. The police on the basis of aforesaid written report lodged FIR No. 147/1986 (Exhibit P21) for offence under Sections 147, 148, 149, 447, 307 and 323 IPC. The Investigating Officer, after registration of the case, went at the spot and found dead body of Ram Narain there. Thus, the case was converted under Section 302 IPC. The police after investigation submitted the charge sheet against the accused-appellants and two other accused persons in the Court of Munsif Magistrate, Shahpura from the case was committed to the Court of Sessions Judge, Jaipur District. Since Shriram and Puran were juvenile, their case was transferred to the Juvenile Justice Board concerned. The Sessions Judge, Jaipur District framed charges against the accused-appellants for offences under Sections 148, 447 and 302 IPC in alternative Section 302/149 IPC. The accused-appellants denied the charges and claimed to be tried. Thereafter, the case was made over to the Court of Additional District and Sessions Judge, Jaipur District, Jaipur. The prosecution examined 19 witnesses and got exhibited 31 documents. Thereafter, the accused-appellants were examined under Section 313 Cr.P.C. wherein they pleaded innocence. In defence no witness was produced, though three documents were got exhibited. Upon conclusion of trial, the trial court vide it's judgment and order dated 28.11.1988 convicted and sentenced the accused-appellants in the manner indicated above. Hence, this appeal.

(3.) Mr. Rinesh Gupta, learned counsel for the accused-appellants argued that the conviction of the accused appellants under Sections 302/149, 148 and 447 IPC is bad in law and against the facts available on the record. The learned trial court did consider this aspect of the case that there is a delay in lodging of the FIR. As per the prosecution case, FIR was lodged on 11.07.1986, but the same was received in the court of the learned Magistrate till 14.07.1986. The learned trial court has failed to appreciate other facts in this light, which clearly show that FIR was lodged after delay. The delay in lodging the FIR was to concoct the case against the accused-appellants. It is argued that there was some dispute in connection with the partition of the land from the last so many years between the accused party and the deceased. But, there is nothing on the record to show that how this occurrence took place on the date when Ram Narain was found dead. There must be some motive for the crime, but the prosecution has failed to prove the same. Thus, in these circumstances it is clear that the genesis of the occurrence has been suppressed and it shows that nobody knows that how the occurrence took place and who committed murder of Ram Narain.