PYARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12-9-94 passed by the Additional District and Sessions Judge No. 1, Chittorgarh, by which the learned Additional Sessions Judge convicted the appellants for the offences under Ss. 302/34, 342, 325/34 and 323/ 34, IPC and sentenced each of the accused-appellants to undergo imprisonment for life and a fine of Rs. 3000/- and in default of payment of fine further to undergo one year's rigorous imprisonment for the offence under S. 302/34, IPC; six months' rigorous imprisonment for the offence under S. 342, IPC; one year's rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine further to undergo one month's rigorous imprisonment for the offence under S. 325/34, IPC and 323/34, IPC each. All the sentences were ordered to run concurrently.

(2.) Appellants Pyara, Uda, Shambhu and Gopi were tried by the learned Additional Sessions Judge, Chittorgarh for keeping Nathu Khan in a wrongful confinement and thereafter committing his murder; and inflicting injuries to Rahim Bux and Smt. Halima. The case of the prosecution, in nut shell, is that on 8-3-86 deceased Nathu Khan and his wife PW 6 Smt. Chhoti were going from their field to their house situated in the village. In the way the accused met them and forcibly took Nathu Khan in their house. At that time accused Pyara was armed with a Kulhari and the remaining accused were armed with Lathis. All the accused started beating Nathu Khan. Smt. Chhoti, on seeing the accused inflicting injuries to her husband Nathu Khan, ran towards her field and called her mother-in-law and father-in-law. Rahim Bux and Smt. Halima, the parents of the deceased, when heard about the incident from their daughter-in-law Smt. Chhoti, they, along with Smt. Chhoti, proceeded towards the house of the accused and entered into the house of the accused. Smt. Halima and Rahim Bux entered into the house of the accused while Smt. Chhoti was not allowed to enter the house and was forcibly turned out. The accused thereafter, closed the doors. The accused gave beatings to Nathu Khan, who was lying on the ground, in their presence, also. Smt. Halima and Rahim Bux tried to save Nathu Khan and in that process they also received injuries. Smt. Chhoti thereafter, proceeded towards the house of Ram Chandra Sarpanch and called him. Ram Chandra Sarpanch came there, knocked at the doors of the accused. The accused opened the door and turned-out Smt. Halima and Rahim Bux from the house. Nathu Khan succumbed to the injuries. The accused thereafter dragged his deadbody and threw it on the open way. In the night, no information could be given to the police. In the morning, Ram Chandra Sarpanch called PW 7 Ram Swaroop-a part-time Post Master - and requested him to inform the police about the incident. PW 7 Ram Swaroop thereafter, on 9-3-86, telephonically informed at Police Station, Kotwali, Chittorgarh that the deadbody of Nathu Khan is lying in Gariyon Ka Mohalla of Village Ghatiyawali. After receiving this information, PW 13 Moolchand Sub-Inspector of Police Station, Kotwali, Chittorgarh, came at the place of the incident on 9-3-86 at 8-00 a.m., recorded the statement Ex. D-2 of Smt. Halima and sent the same through Bheru Singh to Police Station, Kotwali, Chittorgarh, for registration of the FIR. On the basis of this statement Ex.D. 2 of Smt. Halima, the FIR was registered at the Police Station at 10-00 a.m. on that day. He prepared the Panchnama-Lash Ex. P. 1. Thereafter, PW 12 Azad Khan, S.H.O., along with PW 11 Hasan Khan, A.S.I, and the Deputy Superintendent of Police came there and took-over the investigation from Moolchand. The investigation was again handed over to Moolchand on 10-3-86. After completion of the investigation, the challan was filed against the accused.

(3.) The prosecution, in support of its case, examined thirteen witnesses. P.W. 5 Smt. Halima the mother and PW 6 Smt. Chhoti - the widow, of the deceased are the two eye-witnesses of the occurrence. PW 1 Gordhan Singh is a Motbir witness to Ex. P. 1 to Ex. P. 4. P.W. 2 Tejraj and PW 3 Kashi Ram are the two other Motbir witnesses but they have not supported the prosecution case. PW. 9 Ranu and PW. 10 Bheru have been produced to show the enmity between the complainant party and the accused and they have seen the deadbody of Nathu Khan lying in the lane. P. W. 9 Ranu has, however, not supported the prosecution case and he has been declared hostile. PW 7 Ram Swaroop was the part-time Post Master in the Post Office of village Gatiyawali, who was called by Ram Chandra Sarpanch and was informed regarding lying of the deadbody of Nathu Khan in the lane. He telephonically informed the police that the deadbody of Nathu Khan is lying in Gariyon Ka Mohalla of village Ghatiyawali. PW. 8 Dr. R.D. Bhatt is the Medical Jurist posted at the relevant time at Government Referal Hospital, Chittorgarh, who conducted the post-mortem on the deadbody of Nathu Khan and, also, medically examined Rahim Bux and Smt. Halima. He, also, medically examined accused Udai Chand, Pyara and Shambhu and found some injuries on their person. The injury reports of accused-appellants are Ex. P. 11, Ex. P. 12 and Ex. P. 13. The remaining are the police witnesses who were connected with the investigation at one stage or the other.