NARAIN & ANR. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.7.1992, passed by the Addl. Sessions Judge, Bhilwara, convicting the appellants of the offence under section 302/34 Penal Code and sentencing each of them to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 and in default of payment of fine to further undergo one year's rigorous imprisonment. The appellants have also been convicted of the offence under section 201 Penal Code and sentenced to two year's rigorous imprisonment and to pay a fine of Rs. 5,000.00 and in default to further undergo two months rigorous imprisonment. Both the substantive sentences have been ordered to run consecutively.

(2.) The prosecution case is that one Kalyan Kumawat (PW-1), resident of village Kochariya, lodged a written FIR at Police Station, Karol. Ex. P.28 to the effect that in the morning at about 10 A.M., his uncle Chhoga (deceased) and aunty Smt. Sita (deceased) were sitting on the way in front of their field. At that time, their sons accused Devi armed with a stick and Narain armed with a "Kulhari" arrived there and started beating them. Hearing their cries, PW-2 Udai Lal and PW-3 Shankarlal reached on the spot to protect them. Both the accused persons asked them to go away, otherwise they would also be killed. Out of fear, they did not go near them. They witnessed the incident from a distance. After some time, his uncle and aunty died on the spot. She was dragged and thrown beneath the tree in the nearby field. They put the body of Chhoga on the bicycle and brought it to their house in the village. While leaving, they threatened that if they disclosed this fact to anybody, they would also be killed. In the night, he went to the house. His father asked him as to why deceased Chhoga was brought on the bicycle on which he narrated the entire incident to him. Thereafter, both of them went to the police station to lodge the report. On this information police registered a case for the offence under sections 302, 120-B Penal Code and proceeded with the investigation. The police prepared the inquest and sent the bodies for postmortem. The incriminating articles were seized from the spot. The accused persons were arrested and recoveries were made of weapon of offence and other articles. in pursuance of the information given by them. After usual investigation, the police laid a charge-sheet against the accused persons for the offences under sections 302, 302/34 and 201 IPC.

(3.) The accused persons denied the charge and claimed trial. The prosecution in support of the case examined fifteen witnesses and produced number of documents. The accused persons in their statement under section 313 Crimial P.C. stated that Kalyan and Hazari wanted to grab their land and, therefore, at their instance, a false case had been instituted against them. The accused persons examined Abdul Vadud, DW-1 in support of their defence. The trial Court on appreciation of evidence arrived at the conclusion that the accused appellants committed the murder of Chhoga and Smt. Sita. Accordingly, both of them have been convicted for the offences under sections 302/34 and 201 Penal Code and sentenced as aforesaid.