SUBHASH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed by the accused appellants against the judgment dated 9.9.1997 passed by the learned Additional Sessions Judge, Rajgarh in Sessions Case No. 75/96.

(2.) The accused appellants were charged under Sections 147, 148, 364, 323/149, 342 and 302 read with Sec. 149 I.PC. and tried by the learned Additional Sessions Judge, Rajgarh.

(3.) The prosecution was initiated on the basis of F.I.R. No. 139/96 lodged on 8.5.1996 at Police Station, Rajgarh. This report was based on a statement recorded by the police of Ashok Kumar deceased. In this statement, the deceased Ashok Kumar stated that six years before, he was married to Sunita daughter of Subhash Sharma. Some times after the marriage, his wife Sunita, father in-law Subhash, mother-in-law Kamla and maternal uncle of his wife Govind Ram started accosting the deceased that he should sell out his land and join them at Rajgarh and live with them. He should contribute his earnings to them. On 9.5.1996 his brother in-law Raj Pal was going to be betrothed. All of them said to him that since the betrothal is to take place, therefore, he has to give money. The deceased said that he declined, because he was having no money. It has further been stated in the statement that since he was working as a private vaidya in a village Chainpura Chhota, therefore, he come to Sidhmukh on 8.5.1996. There maternal uncle of his wife Govind Ram met him and enquired as to whether he has brought the money or not. when he declined, Govind Ram came to him in the bus and started quarrelling with him. At that time in the bus Shiv Kumar and Prakash Singh of his village were in the bus who tried to intervene but Govind Ram did not spare him and then he was taken to Rajgarh. At Rajgarh Rajpal also met and Rajpal and Govind Ram brought the deceased to his in-laws' place. From there he was brought to the first floor of Randhir Fauzi's room where his wife, father in-law, mother in-law, maternal uncle of his wife and brother in-law Rajpal also came. All of them poured kerosene oil on him and Rajpal lit the match stick. After that all of them made their escape good. He came down stairs with difficulty. People took him to hospital. Having come down stairs he started rolling on the land. Neighbours extinguished the fire by putting sand. He also alleged that he was made to sign certain blank papers.