OM PRAKASH Vs. STATE

JUDGEMENT

(1.) By this appeal the accused appellants seek to challenge the judgment of the learned Additional Sessions Judge (Fast Track), Ratangarh District Chum dated 8.3.2002, convicting all the appellants for the offences under Sections 148, 341, 302, 149 and 323/149 I.P.C. and sentencing each of them, under Section 148 with three years rigorous imprisonment, and fine of Rs. 100 /- in default to undergo further rigorous imprisonment for one month, under Section 341 sentencing to three months' simple imprisonment with fine of Rs. 100 /- in default to undergo 7 days' simple imprisonment, under Section 323/149, one year's simple imprisonment with fine of Rs. 200/- in default to undergo one month's simple imprisonment and under Section 302/149 sentenced to rigorous imprisonment for life with fine of Rs. 1000/- in default to undergo one year's rigorous imprisonment, and also directing all substantive sentences to run concurrently.

(2.) The brief facts of the case are, that at about 8.30 AM on 31.5.1999, police recorded the statements of Sita Ram PW-1 at Government Hospital, Sridungargarh, wherein Sita Ram had stated that Budha Ram son of Bhanwar Lal Harijan is his maternal uncle son, and thus is a cousin. With this it was stated that at about 12.30, last night, there was some altercation between Omprakash and Budha Ram in connection with the branch of liquor contract. Then it is stated that on that day i.e. 30.5.1999 at about quarter to 7, Budha Ram Harijan resident of Momasar Bas was returning after defecating, and when Budha Ram reached near house of Raju Ram Harijan, the 7 accused persons being residents of Momasar Bas, Sridungargarh in a body came armed with Lathis, Sariya, Chosangi and Chain, and obstructed Budha Ram, and started giving beating to him. Omprakash was armed with iron Sariya, who thrust it into abdomen of Budha Ram, Rijiya Shravan Ram was armed with Lathi, with which he had given blow on the head of Budha Ram. Babu Lal was also armed with Lathi, who inflicted injury on the back of Budha Ram. Mala Ram was armed with Zai, with which he inflicted injuries on the back of Budha Ram. Renu Ram CO Surja Ram, Sundar Sundariya were also armed with Lathis, who also inflicted injuries on the head and back of Budha Ram. Mukesh was armed with Chain with which injuries were inflicted on Budha Ram. Then Budha Ram raised a hue and cry, whereupon Sanjay son of Ruga Ram rushed to intervene, whereupon Mukesh inflicted injuries to Sanjay with chain, and on hearing his cries also, the deponent, along with Kalu Ram and Jaikaran, and other inhabitants of the locality rushed on the spot. Thereupon the accused persons ran away. The two injured received serious injuries, therefore, the deponent and Ruga Ram brought them to hospital in a tempo, where Budha Ram died, and Sanjay being serious, has been referred to P.B.M. Hospital, Bikaner. From this statement, commission of offences under Sections 302, 147, 148, 149, 341 and 323 was disclosed, therefore, it was forwarded to the Police Station for registering a case. Accordingly, an F.I.R. was registered being F.I.R. No. 122/1999, and investigation was commenced. After completing necessary investigations, charge sheet was filed against all the accused persons. The case was then committed, and ultimately transferred to the learned trial Court.

(3.) Learned trial Court framed charges for offences under Sections 148, 341, 302/149 and 323/149 against each of the appellants, who obviously denied the charges.