STATE OF RAJASTHAN Vs. CHANDGI RAM
LAWS(SC)-2014-9-27
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on
September 09,2014
STATE OF RAJASTHAN
Appellant
VERSUS
CHANDGI RAM
Respondents
Referred Judgements :-
DIN DAYAL V. RAJ KUMAR ALIAS RAJU AND ORS. [REFERRED TO]YESHWANT BRAHMANAND GOKUL PRASAD TEWARI VS. STATE OF MAHARASHTRA [REFERRED TO]
KANSA BEHERA VS. STATE OF ORISSA [REFERRED TO]
SURINDER SINGH VS. STATE OF PUNJAB [REFERRED TO]
RAGHUNATH VS. STATE OF HARYANA [REFERRED TO]
DINESH KUMAR VS. STATE OF RAJASTHAN [REFERRED TO]
STATE OF M P VS. RAMESH [REFERRED TO]
MANO DUTT VS. STATE OF U P [REFERRED TO]
LAHU KAMLAKAR PATIL VS. STATE OF MAHARASHTRA [REFERRED TO]
SHIVASHARANAPPA VS. STATE OF KARNATAKA [REFERRED TO]
Cited Judgements :-
BALDEV VS. STATE OF HARYANA [LAWS(P&H)-2019-9-195] [REFERRED TO]SUBASH CHANDRA RAI, SON OF JEET BAHADUR RAI VS. STATE OF SIKKIM [LAWS(SIK)-2018-3-6] [REFERRED TO]
AKBAR ALI @ MD SENTU, S/O WAHAB ALI VS. STATE OF SIKKIM [LAWS(SIK)-2016-11-8] [REFERRED TO]
SHRAWAN S/O PRAHLAD VS. STATE OF M P [LAWS(MPH)-2018-1-242] [REFERRED TO]
RAM KUMAR BASNETT VS. STATE OF SIKKIM [LAWS(SIK)-2016-8-2] [REFERRED TO]
CHATUR SINGH VS. STATE OF M.P. [LAWS(MPH)-2018-3-40] [REFERRED TO]
VIJAY KISAN KUMBHARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-11-111] [REFERRED TO]
BOBILA @ BOBILAL @ BABILAS SOREN VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-4-270] [REFERRED TO]
STATE OF GUJARAT VS. RAJPUT DALA SAVA [LAWS(GJH)-2018-5-178] [REFERRED TO]
GUDDI @ JASPAL KAUR VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2018-1-121] [REFERRED TO]
OM PRAKASH @ PADDA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-6-70] [REFERRED TO]
NINGAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2018-3-413] [REFERRED TO]
BUDHAN KHAN VS. STATE [LAWS(DLH)-2018-11-151] [REFERRED TO]
KALLU KHAN VS. STATE OF M.P. [LAWS(MPH)-2018-3-565] [REFERRED TO]
SURENDRA PURI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-2-146] [REFERRED TO]
SMT. GUDDI @ JASPAL KAUR W/O SRI CHAND VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2018-1-377] [REFERRED TO]
ANIL @ KHEM CHAND KHATRI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-9-242] [REFERRED TO]
KHUMAN SINGH VS. STATE OF MP [LAWS(MPH)-2018-2-310] [REFERRED TO]
RAM SWAROOP VERMA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-3-45] [REFERRED TO]
KANA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-9-20] [REFERRED TO]
JUDGEMENT
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(1.)This appeal, at the instance of the State of Rajasthan is directed against the judgment of the Division Bench of the High Court of Rajasthan, Jaipur Bench dated 08.02.2007 in D.B. Criminal Appeal No.977 of 2002.
(2.)By the impugned judgment, the Division Bench set aside the conviction and sentence imposed on the Respondents-accused by the trial Court in Sessions Case No.3/2001 (108/2000) vide judgment dated 10.07.2002. The trial Court found the Respondents-accused guilty of the offence under Section 302 read with 34, IPC for which they were sentenced to life imprisonment, apart from imposing a fine of Rs.500/- each and in default to undergo simple imprisonment for 15 days each. They were also convicted for the offence under Section 452 IPC and sentenced to 3 years rigorous imprisonment apart from fine of Rs.200/- each and in default to undergo simple imprisonment for 7 days each.
(3.)The case of the prosecution as projected before the trial Court was that on 12.03.2000, at around 9 p.m., the deceased Surender was conversing with his wife Choti (PW-1) and children Kumari Sarita (PW-3) and Vikram (PW-15) in their house. At that moment, the four accused suddenly barged into the house of the deceased declaring that they wanted to kill him, and that in order to save himself from them, the deceased ran to the back side of the house and hid himself in the Khudi, from where the accused pulled him out, dragged him to the house of Rajesh (A-3 herein) s/o Pitram and while dragging him to the house of A-3 they kept on assaulting him with the aid of iron rod, iron pipe and lathis. After killing the deceased, the accused brought back the body to the house of the deceased and left the same on a cot lying in the verandah.
(2.)By the impugned judgment, the Division Bench set aside the conviction and sentence imposed on the Respondents-accused by the trial Court in Sessions Case No.3/2001 (108/2000) vide judgment dated 10.07.2002. The trial Court found the Respondents-accused guilty of the offence under Section 302 read with 34, IPC for which they were sentenced to life imprisonment, apart from imposing a fine of Rs.500/- each and in default to undergo simple imprisonment for 15 days each. They were also convicted for the offence under Section 452 IPC and sentenced to 3 years rigorous imprisonment apart from fine of Rs.200/- each and in default to undergo simple imprisonment for 7 days each.
(3.)The case of the prosecution as projected before the trial Court was that on 12.03.2000, at around 9 p.m., the deceased Surender was conversing with his wife Choti (PW-1) and children Kumari Sarita (PW-3) and Vikram (PW-15) in their house. At that moment, the four accused suddenly barged into the house of the deceased declaring that they wanted to kill him, and that in order to save himself from them, the deceased ran to the back side of the house and hid himself in the Khudi, from where the accused pulled him out, dragged him to the house of Rajesh (A-3 herein) s/o Pitram and while dragging him to the house of A-3 they kept on assaulting him with the aid of iron rod, iron pipe and lathis. After killing the deceased, the accused brought back the body to the house of the deceased and left the same on a cot lying in the verandah.
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