JEETMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal on behalf of four accused-appellants, namely, Jeetmal, Phool Chand, Kalu Lal and Rajaram, seeks to challenge judgment and order dated 19.09.2013 passed by the Court of Additional Sessions Judge, Ramganjmandi, District Kota (Rajasthan) (for short, 'the trial court') in Sessions Case No.45/2008, who thereby convicted and sentenced them as indicated below:- <FRM>JUDGEMENT_162_LAWS(RAJ)3_2018_1.html</FRM>

(2.) Facts of the case are that a written report was submitted by one Madholal Dhakad to Station House Officer, Police Station Kanwas on 13.09.2008 alleging therein that on that day at 1:00 PM he along-with his nephew Bheemraj and granddaughter Rena was sitting on 'chabutri' (platform) outside his house in village Mamor. While they were talking to each other, Jeetmal, Phoolchand, Kalulal, all sons of Bhairulal, who is a neighbour as he resided in front of his house, came there armed with 'gandasi' and knives. They were abusing the informant and others. Rajaram and Ramaotar, who were armed with lathis, also accompanied them. Soon they reached there, Phoolchand and Kalulal started causing injuries to them by use of 'dharia' and 'gandasi'. Jeetmal, who was having knife in his hands, started causing multiple injuries to Bheemraj. When he (informant) tried to save Bheemraj, Rajaram and Ramaotar caused injuries to him by 'lathis', Phoolchand and Kalulal also inflicted 'gandasi' and 'dharia' blows on his head, hand and shoulder. While his younger nephew Pappu came out of the house to save them, the accused also subjected him to beating as a result of which he sustained injuries. Accused also gave beating to his granddaughter Rena. Injured Bheemraj was immediately taken to the hospital in seriously injured condition, where he was declared brought dead.

(3.) On receipt of the aforesaid written report, a regular First Information Report No.158/2008 for offence under Sections 147, 148, 149, 302, 307 and 323 of the Indian Penal Code (for short, 'the IPC') was registered at Police Station Kanwas, District Kota. After usual investigation, the police submitted charge-sheet in the court of Judicial Magistrate, Kanwas. Since the matter was triable by a Court of Sessions, the matter was committed to that Court, wherefrom the same was made over to the Court of the Additional Sessions Judge, Ramganjmandi, District Kota (hereinafter, shall be referred to as 'the trial court'), for trial. The trial court framed charges against accused Rajaram, Kalulal, Phoolchand for offence under Sections 148, 302/149, 307/149 and against accused Jeetmal for offence under Sections 148, 302/149, 307/149 of the IPC and under Section 4/25 of the Arms Act. They denied the charges and claimed to be tried. The prosecution produced 24 witnesses and exhibited 59 documents. The defence produced one witness and exhibited one document. The learned trial court, on conclusion of the trial, convicted and sentenced the accusedappellant as indicated above. Hence this appeal.