NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE these two appeals - -one against the conviction and the other against the acquittal - -are directed against one and the same judgment of the learned Additional Sessions Judge No. 1, Kota dated 13 -10 -1987, they were beard together and are decided by a common judgment. In sessions case No. 49/81 on the file of the offences u/ss 148, 436/149, 302/149, [PC. On the conclusion of trial, nine of them viz. Narain, Phool Chand, Shri Narain, Madan Lal, Ram Ratan, Bhagirath, Shriram, Ram Gopal and Badri Lal were convicted and each was sentenced to imprisonment for life with a fine of Rs. 100/ - under Section 302/149 and various terms of imprisonment under the other sections The remaining 16 accused viz. Ram Karan, Bhawani Ram s/o Heera Lal, Bhawani Ram s/o Balram, Kalu, Kesu Ram, Chena Ram. Mangilal s/o Kanwar Lal, Ram Chandra s/o Ram Lal, Ram Chandra s/o Bala, Onkar, Bajranga, Gopal, Shobha Ram, Ram Chandra s/o Mangi Lal, Chaturbhuj and Mangi Lal s/o Nathu were acquitted of the said offences. In the respective appeals, those nine who have been convicted challenge their conviction while the State challenges the acquittal of those sixteen who were acquitted.

(2.) THE incident is alleged to have taken place at about 4.00 p.m. on 2 -4 -1981 in village Salera Kala Police Station Chechat District Kota in which two persons Anand Ballabh aged about 20 years and Kanhaiya aged about 25 years were done to death and the dwelling house of the deceased Kanhaiya was set to fire.

(3.) AT about 5.30 p m. PW 3 Suresh Chand aged about 10/12 years appeared at Police Station, Chechat and verbally lodged report Ex, P. 3. It was stated therein that Narain, Phool Chand, Shriram, Badri, Rambaksh, Ram Ratan and 22 -25 persons of Dhakar community came to the house of deceased Kanhaiya armed with lathies, Gandasies, axes and Jhapetas, The started pelting stones at his house and set fire to it. The house was soon in flames. The deceased Kanhaiya, Anand Ballabh and their friends Kastur Chand PW 5 and Shankar PW 6 who were inside rushed dot and took to heels for safety. Kanhaiya ran towards the quarter of one Heera Lal Meena and entered inside to save himself. The miscreants followed him and broke one slab of the roof. The door of the avarter was also broken by them. The miscreants thereafter struck blows to Kanhaiya with their weapons. Kanhaiya passed away instantaneously on the spot. Anand Ballabh, Shankar and Kastur Chand were also chased by the miscreants but what happened to them is not known to him (informant). The incident was seen by his grand mother (Rukmi), aunts Smt. Munna PW 8 and Annapurna PW 7. The Police, registered a case Under Sections 302, 436, 148 etc of the Penal Code and proceeded with the investigation. The Station House Officer B.D. Tyagi PW 9 immediately deputed Police Constables Ushweshar PW 14, Arjun Singh PW 15 and Badri Prasad to reach the spot. When they retched there they found the house of Kanhaiya burning. The Investigating Officer arrived oh the spot next day and prepared the site plans of the places whore the dead bodies of Kanhaiya and Anand Ballabh were found. He also prepared the site plan of the house of deceased Kanhaiya which be found burnt. The dead body of Kanhaiya was found in the quarter of Heera Lal Meena. The dead body of Anand Ballabh was found at some distance. The Investigating Officer prepared the inquests of the dead bodies. The post mortem examination of the dead bodies was conducted by PW 10 Dr. R.K. Jain, the then Medical Officer Incharge, Government Hospital, Chechat, The post mortem reports prepared by him are Ex. P 91 and Ex. Pi 92. Id his Opinion, the death of Anand Ballabh and Kanhaiya had occurred due to head injury and haemorrhage. He noticed 6 injuries on the dead body of Anand Ballabh and 7 injuries on the dead body of Kanhaiya. All the twenty five culprits who were subsequently put to trial were arrested and in consequence of the informations furnished by them, some weapons viz. Jhapetas, lathies; Gandasies and axes were recovered. On the completion of the investigation, the Police filed a crime report against the 25 accused in the Court of the Munsif and Judicial Magistrate. Ramganjmandi who in his turn committed the case for trial to the Court of Sessions. The caste came for trial before the learned Additional Sessions Judge who framed charges Under Sections 148, 436/149 and 302/149 IPC against all of them to which they pleaded not guilty and faced the trial. The defence taken by accused Narain is that toe deceased Kanhaiya and Anand Ballabh and PWs. Kastur Chand and Shankar were fast friends. The deceased Kanhaiya was a trouble -shooter and a known rascle in the area. He was a police history -sheeter. Many criminal cases were pending against these four persons in Police and courts. At about 4.00 p.m. on the day of incident, these four persons Kanhaiya, Anand Ballabh. Shankar and Kastur Chand went to the well of accused Narain and set fire to the stacks of the threshed crop of wheat, Ganwar etc. lying in the threshing floor. They also set fire to his bullock carts and barn They further damaged the motor pump engine fitted at his well, They then set fire to ibis (accused Narain) house. When there was a big fire, many residents of the nearby villages collected to over -power these four miscreants. The villagers so collected struck blows to Kanhaiya and Anand Ballabh to prevent them from setting fire to the threshing floors and houses of the other persons. Kanhaiya and the Anand Ballabh thus sustained injuries and died on the spot on account of the beating given to them by those persons He lodged report Ex. D -6 of the incident at Police Station. Chechat at about 2.00 a.m. on 3 -4 -1981. The Police registered a case aid filed a chargesheet against the surviving culprits Shankar and Kastur Chand. In support of its case, the prosecution examined 15 witnesses and filed as many as 92 documents. In defence, the accused examined three witnesses and also filed some documents. On the conclusion of trial, the learned Additional Sessions Judge held the charges duly proved against the nine accused. They consequently convicted and sentenced as mentioned at the very outlet. He found no incriminating evidence to connect the remaining 16 accused with the commission of the crimes. These sixteen accused were, therefore, acquitted of the offences they were charged with, Hence these two appeals, one against the conviction and the other against the acquittal.