MAHESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MAHESH, Mahadev, Bablu @ Vishambhar, Smt. Gulab Devi and Smt. Dhanda, the appellants herein, were put to trial before the learned Additional Sessions Judge Kotputli District Jaipur, who vide judgment dated December 13, 2002 convicted and sentenced them as under:- MAHESH U/s. 302 IPC: To suffer imprisonment for life and fine Rs. 1,000, in default to further suffer six months simple imprisonment. U/s. 148 IPC: To suffer simple imprisonment for one year. U/s. 323/149 IPC: To suffer simple imprisonment for one year. Mahadev, Babloo @ Vishambher, Smt. Gulab and Smt. Chanda: U/s. 302/149 IPC: Each to suffer imprisonment for life and fine Rs. 1000, in default to further suffer one month simple imprisonment. U/s. 148 IPC: Each suffer simple imprisonment for one year. U/s. 323 IPC: Each to suffer simple imprisonment for one year. All the sentences were directed to run concurrently.

(2.) PUT briefly the prosecution case is that on November 5, 2000, informant Mala Ram (PW. 6) submitted a written report (Ex. P. 8) at Police Station Kotputli to the effect that on the said day around 11 AM while his brother OM Prakash was digging foundation of the boundary wall suddenly Mahadev Prasad, Mahesh, Bablu, Meera, Angoori, Champa Devi, Gulab and Gokul armed with Spade. Lathis and Rods entered into the house of Om Prakash and Mahesh inflicted spade-blow on the head of Om Prakash. As a result of beating Om Prakash sustained injuries on his head and hand. Prem Devi also received injuries in the incident. Hearing hue and cry many persons gathered and saved them. On the aforesaid report Police Station Kotputli registered a case under Sections 147, 452 and 323 IPC and investigation commenced. During the course of investigation injured Om Prakash succumbed to his injuries and Section 302 IPC was added. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Kotputli District Jaipur. Charges under Sections 302, 302/149, 148, 323 and 323/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 20 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Accused Mahadev stated that Om Prakash was trying to obstruct the lane by digging foundation ignoring the decision of Panchayat when he was asked to follow the decision of the Panchayat, he started quarreling. Mahesh and Babloo raised the plea of alibi. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) FACTUAL scenario of the case appears from the evidence on record may be summarised thus:- (i) The informant in the FIR (Ex. P. 9) stated that the incident occurred in the house, whereas at the trial he deposed that the place of occurrence was the street. (ii) The spade used for digging the foundation by the deceased, was picked up by accused Mahesh for the purpose of causing the injury. (iii) Jhabar Mal Gurjar (DW. 1), Panch of Gram Panchayat Kalyanpura, in his deposition stated that complainant and accused party entered into compromise (Ex. D-8 according to which it was agreed upon that 3 feet land shall be kept open and no construction shall be made on the said land. (iv) Dispute arose when the deceased started digging foundation on the land which had to be kept open in accordance with the order dated July 3, 2000 (Ex. D-8) of the Gram Panchayat. (v) Mahaver and Gulab sustained injuries in the same incident and those injuries were not explained by the prosecution.