RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) "where can one go? This city has become a jungle, Hither serpants, Thither Mongooses dwell" Uchchav Lal (since deceased) while subjected to highway dacoity, would have thought on these lines. Rajendra, Bhanwar Pal, Pyare Lal, Rafeeq, Khaju and Pappu, appellants in appeals No. 201/2004 and 401/2007, were indicted for having looted a sum of Rs. 3 lakhs and killing Uchchav Lal, before learned Additional Sessions Judge (Fast Track) Tonk, although Badri Lal and Smt. Kesanta, appellants in appeals No. 930/2003 and 931/2003, were charged under Sections 201 and 412 IPC. Learned Judge convicted and sentenced the appellants vide judgment dated June 2, 2003 thus:- Rajendra, Bhanwar Pal, Pyare Lal, Rafeeq, and Khaju: u/s. 302/120b/149 & 396 IPC: Each to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months. u/s. 307/149 IPC: Each to suffer rigorous imprisonment for seven years and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months. u/s. 326/149 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months. u/s. 323 IPC: Each to suffer rigorous imprisonment for one year. u/s. 324 IPC: Each to suffer rigorous imprisonment for three years. u/s. 148 IPC: Each to suffer rigorous imprisonment for three years. Sentences were ordered to run concurrently. Smt. Kesanta: u/s. 412 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months. Badri Lal: u/s. 201 IPC: To suffer rigorous imprisonment for seven years and fine of Rs. 100/- in default to further suffer simple imprisonment for three months. BRIEF FACTS:

(2.) THE prosecution case is woven like thus:- On April 25, 2002 at 11 PM Ram Niwas (PW. 37) SHO Police Station Nainwa recorded Parcha Bayan (Ex. P. 1) of Suresh Kumar (PW. 1) at Government Hospital Nainwa who stated that around 10 PM while he and his Jijaji (brother-in-law) Uchchav Lal were coming on Motor Cycle from Uniyara, a jeep collided with their motor cycle 5-6 persons, who were sitting in the jeep armed with swords and lathis, got down of the jeep gave beating to Uchchav Lal and looted a sum of Rs. 3 lacs. He was also given beating. Pappu son of Badri resident of Gadarya was one of the assailants. THE number of jeep was RJ 26p-590. On that parcha bayan case under sections 395 and 397 IPC was registered and investigation commenced. During the course of investigation injured Uchchav Lal @ Utsav Lal succumbed to the injuries. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested. Currency notes in the sum of Rs. 1,50,000/- got recovered at the instance of appellant Pappu and recovery of Rs. 90,000/- got effected from Smt. Kesanta, the wife of Pappu. Weapons allegedly used in inflicting injuries to Uchchav Lal and Suresh Kumar got recovered at the instance of appellants Pappu, Rajendra, Bhanwar Pal, Pyare Lal, Rafeeq and Khaju. Suresh Kumar identified them in the Identification Parade. On completion of investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Tonk. Charges under Sections 148, 302/149, 307/149, 396, 394/397, 323, 324, 326/149, 120b, 216a, 187, 201 and 412 IPC were framed against the accused, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 49 witnesses. One Court witness was examined. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. One witness was examined in support of defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) RAM Rai Sharma (PW. 16), RAMavtar Vijay (PW. 20) and Chandra Prakash (PW. 33) deposed that immediately after the incident they reached to the place of incident in a jeep and removed injured Uchchav Lal and Suresh Kumar to the hospital. At that time Uchchav Lal was unconscious. Suresh Kumar told them that Pappu Meena and other 5-6 persons gave beating to them and took away a sum of Rs. 3 lacs.