MADANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the above bail applications arose out of the FIR 438/98 Police Station Kotwali, Sikar in which charge-sheet has been submitted in the court of Addi. Chief Judicial Magistrate, Sikar for the offence under sections 147, 148, 149, 323, 324, 325, 326, 427, 395, 364, 450, 307 and 302 IPC. These bail application have been filed together and are being decided by this common order.

(2.) The incident took place on 12.9.98 at about 10 a.m. in the busy market of Salasar Bas Stand at the shop of the informant Banwarilal and his brother Ompraksh. The prosecution case is that all the petitioners along with other accused persons after forming unlawful assembly armed with deadly weapons i.e. Pharsi, Sword, iron rod and lathies with an common object to kill Om Prakash and Bhemaram came there in two jeeps when Banwarilal. Om Prakash, Bhemaram were sitting in the shop and launched murderous assault on Om Prakash and Bhemaram. Bhemaram was dragged out of the shop. The accused persons ransacked the shop, disrupted the telephone connection and smashed counter of the shop and also badly damaged the two jeeps of the informant standing on the road. Accused Keshar gave a Pharsi blow to Bhemaram and all the other accused persons inflicted injuries by lathies, swards, iron rods and pharsi. Shyama of village Vidoli gave a pharsi blow on the head of Om Prakash which was taken on the hand by him which completely cut middle finger of the left hand. All other accused persons also inflicted injury by their weapons. The names of the eleven persons were given in the FIR i.e. Keshar Jat, Dugoli, Shyama Jat, Vidoli, Madan Lai Jat, Udansar, Rajendra Jat, Deh, Rajendra Jat, Mandeta, Sanjay, Rohtash Jat, Vidoli, Mohan Singh Jat, Mandeta, Mangil Lal Jat, Dugoli, Jhavarmal Jat, Dugoli, Sarvan Jat, Khud and Tara Chand Jat, Khich Ka Bash and 15 other more boys were with them in the unlawful assembly armed with deadly weapons. Thereafter, they kidnapped Bhemaram, Om Prakash in two jeeps, Banwarilal, Mohan Singh and other persons tried to intervene and they were also injured in the incident. The first information report was lodged on the same day at 10.30 p.m. at police station Kotwali, Sikar by Banwarilal. The case was registered by SHO and a site map was prepared, a portion of middle finger of Om Prakash injured from the place of occurrence was also seized. The investigating officer also took possession one telephone instrument, blood stains, blood stained cloths of Bhemaram and Om Prakash, Bhemaram, Om Prakash were examined by medical jurist, Bhemaram died of the injures at 12.30 p.m. on 13.9.98. The post-mortem was conducted by medical jurist who found 30 injuries on Bhemaram on all the parts of the body including six lacerated wounds, four incised wounds, one wound was stitched and number of bruises, abrasions, ante-mortem in nature. The case of death was coma brought about as a result of all the ante-mortem injuries to brain and cumulative effect of other multiple injuries which were sufficient to cause death in ordinary course of nature. Om Prakash sustained 11 injuries out of which 5 were caused by sharp edged weapon. Weapons were recovered in consequence of information and at the instance of accused persons Mohan, Tarachand, Shravan Kumar, Raju @ Rajesh, Mahendra s/o Laxman and Jagdeesh Prasad. On completion of the investigation, chargesheet has been submitted as stated above.

(3.) I have heard learned counsel for the accused petitioners and learned Public Prosecutor as well as learned counsel for the complainant.