SURAJ BALCHAND DHOBI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants alongwith their co-accused had faced trial in FIR No.91 dtd. 18/3/2014 registered at Police Station Ramganj Mandi, District Kota Rural under Sec. 302/34 IPC and Sec. 3/25 of Arms Act, 1959 (hereinafter referred to as 'the Act of 1959').

(2.) Prosecution story as per the FIR, in brief, is that on 18/3/2014 at about 7.30 AM complainant Manoj Gurjar had gone to his well. He was followed by his brother Banti alias Ramesh Gurjar and his friends Hanuman Gurjar and Gordhan Gurjar on a motorcycle. Complainant after filling water in the bottle, went behind the bushes to answer the call of nature. At about 8.00 AM while he was returning towards the well, he saw that Suraj Dhobhi and his friend came on a motorcycle towards their well and immediately after getting down from their motorcycle, the said persons who were armed with revolver like weapons, ran towards Banti. At that time Banti was filling water in a bottle from the tank. Banti ran away towards the well of his neighbour Khaju Khan, in order to save himself. Suraj Dhobhi and his companion followed him and fired at Banti Gurjar. As a result, Banti fell in the fields. Thereafter, both of them fired shots on the head of Banti.

(3.) The said persons then returned to the well and sat on their motorcycle and left towards Ranganjmandi side. Complainant ran towards his brother and saw that his brother was bleeding and had become unconscious. Bal Chand Nayak, Hanuman Gurjar, Govardhan Gurjar and Bajrang Gurjar also reached the spot. Complainant informed his relatives and brothers on phone regarding the incident. Suraj Dhobhi had murdered Banti because a month back Banti had lodged a case against Suraj Dhobhi with regard to damage of his vehicle.