BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Sessions Judge, Ajmer dated August 19, 1985 convicting the nine appellants viz. (1) Bhanwar Lal, (2) Poosa, (3) Rang Lal, (4) Rameshwar, (5) Ridh Karan, (6) Mohan, (7) Dev Karan, (8) Nanda and (9) Hagama under Sections 302/149 and 147 IPC and sentencing each of them to imprisonment for life with a tine of Rs. 1,000/ -, on the first count and one year's rigorous imprisonment under the second count.

(2.) SUCCINCTLY stated, the prosecution case is as follows: The appellant except Hagama are residents of village Moojhuolav, Police Station Kishangarh District Ajmer. The deceased victim Har Chand was the brother of PW 2 Har Karan and father of PW 3 Sheodan. They are also residents of the same village. Relations between the members of the accused party and the members of the complainant party headed by the deceased Har Chand, had sunk low deep. Two or three days before 25 -8 -1984 an incident of 'Marpeet' took place between the parties and a police case was registered against some members of the appellants party. Appellant Bhanwar Lal and his companions were arrested in that case on 22 -8 -1984. One Chhagan Lal belonged to the party of the appellants. At about 8 00 A.M. on 25 -8 -1984, the deceased Har Chand fired a shot at Chhagan Lal and injured him thereby. A report of this incident was lodged at about 10 00 A.M. on the same day at Police Station Kishangarh and a case Under Section 307, IPC was registered.

(3.) THE Doctor was of the opinion that the cause of the victim's death was shock and haemorrhage due to extensive injuries inflicted on the body. He was also of the opinion that the injuries taken together were cumulatively sufficient in the ordinary course of nature to cause death. The post mortem examination report issued by him in Ex. P -21. Injuries No. 2 and 2 were said to have been caused by some sharp edged weapon and the rest by blunt objects like lathi. The appellants were rounded up In consequence of the information furnished by accused Rameshwar, the gun and the cartridges belonging to the deceased victim and taken away by him were recovered, On the completion of the investigation, the police submitted a crime report against all the nine appellants in the court of the Additional Munsif and Judicial Magistrate, Kishangarh who in his turn committed the case for trial to the court of Sessions. The learned Sessions Judge framed charges Under Section 147 and 302/149 against the appellants to which they pleaded not guilty and faced the trial. The appellants denied their complicity in the commission of the crime and claimed absolute innocence. In support of its case, the prosecution examined 10 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge found the charge duly established against all the nine appellants. They were consequently convicted and sentenced as mentioned at the very outset. Aggrieved their conviction, the accused have come up in appeal.