RAJU PURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals have been filed against the same judgment of the learned Addl. Sessions Judge (F.T.) Pratapgarh dated 5.8.2003, passed in Sessions Case No. 226/2001, convicting the appellant Rajupuri for the offence under Section 302 IPC, and sentencing him to imprisonment for life with a fine of Rs. 5,000/-, in default of payment to undergo six months simple imprisonment, and convicting the other accused persons for the offence under Section 302 read with Section 149 IPC, and sentencing each of them to undergo imprisonment for life with a fine of Rs. 3,000/-, in default of payment of fine to undergo simple imprisonment for three months, and further convicting all the seven accused persons for the offence under Section 148 IPC, and sentencing them to undergo one year's rigorous imprisonment with a fine of Rs. 1,000/-, in default to undergo three months simple imprisonment, so also convicting all the seven accused persons for the offence under Section 323 read with Section 149 IPC, and sentencing them to six months rigorous imprisonment along with a fine of Rs. 500/-, in default to undergo one month's further simple imprisonment, and ordering all the sentences to run concurrently.

(2.) Appeal No. 1050 has been filed by the appellants Raju Puri and Udai Puri, while Appeal No. 876 has been filed by Shambhu Puri, and Appeal No. 926 has been filed by the accused Sohan Puri, Kailash Puri, Suresh Giri, and Shyam Puri. Since all the three appeals seek to challenge the same judgment, these appeals are being decided by this common judgment.

(3.) The facts of the case are, that on 2.9.2001 one Puran s/o Dhulia r/o Devri lodged an oral report at 11 A.M. at hospital, Badi Sadri, to the S.H.O. Nikumbh, to the effect, that in the last evening at about 8-9 P.M. he along with his mother Raju Bai, grand mother Kastoori, sister Chhagani, younger brother Suresh, elder brother Nakshtra and father Dhulia were sitting. Father was relaxing, and singing religious songs, while his wife was cooking food. After the food was ready, he called his father to take dinner whereupon the father came inside, and started taking dinner. At that time outside the house, Raju Puri, Sohan Puri, Kailash PUri, Shambhu Puri, Udai Puri, Suresh Giri and Shyam Puri residents of Devri came in a body duly armed with Lathis, and Kulhari, and called Dhulia to come out, as Dhulia's sons had committed theft of corn(...[VERNACULAR TEXT OMITTED]...), whereupon his father denied the allegation, and came out with a pitcher of water taking oath in the name of Ganges, that his sons had not committed any theft of corn, but the assailants started showering blows with axe and Lathis on Dhulia, with intention to kill him. The informant, his brother, mother and grand mother intervened. Raju Puri inflicted 2-3 axe blows on the head of Dhulia, the other accused inflicted Lathi blows. Udai Puri gave kicks and fists blows. In the process of intervention injuries were caused on the other parts of the body of the deceased, and his one hand was broken. In the process the informant, his sister, mother, grand mother, and Suresh received injuries. At the time of incident Vaktu Puri also came, and it was with great difficulty, that they could secure their release. However, the accused persons went a bid ahead, and kept sitting outside the house, therefore, they could not come in the night, and at about 5-6 in the morning, his sister Chhagani went to Palakheri to call his Bhua's son Nanda, who brought tractor from Pinodara, wherein Chhagani and Nanda carried his father for treatment at Badi Sadri, and immediately thereafter his father died. On this report a case under Section 147, 148, 323, 302/149 IPC was registered, and investigation commenced. Thereafter after completing the purported necessary investigation, challan was submitted in the Court of Addl. Chief Judicial Magistrate, Badi Sadri, wherefrom the case was committed to the Court of Sessions Judge, Pratapgarh, wherefrom it was transferred to the trial court.