GIRDHARI AND OTHERS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge, Gangapur City dated 14th Feb., 1974 whereby the accused-appellants were convicted and sentenced as under for committing the murder of Surjan aged five years son of Mst. Rampyari and causing injuries to Gokul, Mangiya, Ramswaroop, Birbal and Kalyan. <FRM>JUDGEMENT_23_LAWS(RAJ)5_19781.html</FRM>

(2.) The facts giving rise to this appeal are that on 16.12.1972 Gokul injured after returning from the well to his house, noticed that accused-appellants Ramsaha/and Ramcharan were pilfering 'Bajra' after breaking open his house. He resisted their action and asked them to refrain from nefarious activity but the accused refused to oblige him and took away two bundles of 'Bajra'. Later on the accused persons after forming an unlawful assembly with the common object to teach lesson to Gokul, came to the house of Gokul after being armed with lathis. They belaboured him and when his wife Mst. Rampyari ran to rescue Gokul, accused Girdhari asked other accused persons to kill her on which Ramcharan and Girdhari inflicted iathi blows which fell on the head of Surjan, a child who was in the lap of Mst. Rampyari. As a result of those injuries, the boy met instantaneous death. Mangya, Kalyan and Ramswaroop arrived at the scene of incident. They tried to rescue the injured but they were also not spared. Written report Ex. P. 1 of the incident was made to the Head Constable, Police Outpost, Gudhachandraji. The incharge of the Outpost made an endorsement o.i the report and sent it to the police station, Garmora on which first information report Ex. P. 5 was chalked out. A case against all the nine accused persons was registered vide F. I. R. Ex. P. 9. Autopsy on the dead body of Surjan was performed by P. W. 15 Dr. M. C. Verma. The post-mortem report is Ex. P. 49. Dr. Verma noticed 4 injuries on the person of the deceased. In the opinion of the doctor injuries sustained by Surjan on his head led to the fracture of the head bone which resulted in his death. P. W.l Gokul, P. W. 8 Mangiya, P.W. 5 Kalyan and P. W. 11 Ramswaroop were clinically examined for their injuries. Their injury reports are from Ex. P. 50 to Ex. P 54. The police after usual investigation submitted challan against 9 accused persons in the court of Additional Munsiff Magistrate, Gangapur City. The learned Magistrate alter taking proceedings under section 207-A Crimial P.C. 1978, committed all the accused to take their trial to the court of Additional Sessions Judge, Gangapur City.

(3.) The accused pleaded not guilty to the charge. The prosecution examined 15 witnesses out of whom five persons are injured eye-witnesses. Besides the above mentioned witnesses, P.W. 2 Mst. Rampyari and P. W. 10 Ananda were also examined as eye-witnesses of the occurrence. P. W. 15 Dr. M. C. Verma was produced to prove the post-mortem report and the injury reports, P.W. 14 Roopsingh is the investigating officer of this case. All the accused denied their complicity in the Crime and examined two witnesses in their defence. The learned Additional Sessions Judge found the defence evidence unreliable Placing reliance on the statements of the eye-witnesses corroborated by the medical evidence and the first information report Ex. P. 1, the learned Judge held that the prosecution was successful in bringing home the guilt to the accused-appellants. He convicted and sentenced them as mentioned above.