Shiv Kumar Sharma, J. - (1.) The appellants eight in number were indicted before learned Special Judge, SC/ST (Prevention of Atrocities) and Sessions Judge Karauli in Sessions Case No. 31/1999 for having committed murder of Babu. Learned Special Judge vide judgment dated 9.5.2001 convicted and sentenced the appellants as under:- JUDGEMENT_131_LAWS(RAJ)7_2003_1.html
(2.) Put briefly the prosecution case is that Kalu Ram ASI, Incharge O.P. Town Karauli recorded the parcha bayan of Raju Lal (PW-26) on 20.1.1995. In the said Parcha Bayan Raju Lal stated that he along with his brother Babu (now deceased) had gone to village Raghuvanshi for casting their votes at around 9.00 a.m. Finding riot took place in the village they rushed towards Dogar (small hill) and climbed on it. Suddenly somebody fired the gun and he saw his brother lying down. Babu was removed to Karauli Hospital where he was declared dead. He did not know as to who opened the fire but the bullet hit at stomach of Babu. The said parcha bayan was handed over by Kalu Ram to SHO Police Station Kungaon, where the case u/s. 302 IPC was registered and investigation commenced. On completion of the investigation the charge-sheet was filed only against Kalicharan and Mukesh. In due course the case came up for trial before the learned Special Judge SC/ST (PA) Act and Sessions Judge (Karauli. Charges u/ss. 148, 323, 324, 307/149, 302 & 302/149 IPC and Section 3 SC/ST (PA) Act were framed. Kalicharan and Mukesh denied the charges and claimed to be tried. After recording evidence of some of the prosecution witnesses, the trial Judge took cognizance u/s. 319 Cr.P.C. against Girraj Prasad, Chand Mal, Naval Kishore, Munna and Dinesh @ Kullahad. Aforesaid charges were framed against those accused persons. They also denied the charges and claimed trial. The prosecution in support of its case examined as many as 30 witnesses. In their explanation u/s. 313 Cr.P.C., the appellants claimed innocence. No evidence in defence was examined. Learned Trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.
(3.) In order to prove the death of Babu as homicidal, the prosecution examined Dr. Nand Lal Sharma (PW-1), who conducted autopsy on the dead body of the deceased. As per post-mortem report (Ex.P/4) the deceased sustained following injuries : 1. Fire armed wound of Entrance oval in shape 3 cm x 3 cm x skin, muscle and Peritoneum and vestal deep intestines deep on left side of Abdomen (front). 3 cm lateral to umbilical region with clean cut invented margin with callus of abrasion around the wound with bleeding severe. - no blocking, no tattooing, through and - through upward in direction. 2. Fire armed wound of exit 4 cm x 4 cm x skin, muscle and vestal deep on body (liver deep) Right lumber region with everled region (Posteriorly). With bleeding severely. Dr. Nand Lal Sharma opined that all the injuries were ante-mortem in nature, caused by fire arm weapon and injury No. 1 was sufficient to cause death in ordinary course of life.;