BHOJRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Bhojraj, Kalu, Newalal, Khemraj and Gyarsi Lal, all five brothers being sons of Pratap along with Devi Lal S/o Laxman and Dev Kishan S/o Amar Lal. were nominated as accused in written report, (Exhibit P21), presented by Ramlal (PW-9) before Head Constable Devkaran (PW-28).

(2.) Devkaran (PW-28) in Court deposed that on 8/1/2011 he was posted as Head Constable at Police Station Chechat. On receipt of the information at 3.00 pm, he along with his companion police officials reached at Village Hathona and took two injured Anandi Lal and Kishore to S.R.G. Hospital, Jhalawar. Upon reaching the hospital the attending doctor declared Anandi Lal as dead, whereas Kishore (PW-3) was medico legally examined.

(3.) Thus from the above deposition it is apparent that in the occurrence Anandi Lal due to injuries caused by seven accused, named above, succumbed to the injuries, whereas Kishore, the injured (PW-3), suffered various injuries. Khemraj and Gyarsi Lal, sons of Pratap, named in the FIR, were not sent for the trial. Bhojraj, Kalu and Newalal, all three sons of Pratap, Devi Lal S/o Laxman and Dev Kishan S/o Amar Lal were tried by the Court of Additional Sessions Judge, Ramganjmandi, District Kota and the said Court vide impugned judgment dtd. 12/8/2015, convicted all the five accused for offences under Ss. 148, 323/149, 325/149 and 302/149 IPC. Having convicted the accused-appellants for above-said offences, the trial Judge vide separate order of even date sentenced the appellants as under:-