MATHUR,J. - (1.) THIS appeal is directed against the judgment and order dated 26.4.2006 passed by learned Additional Sessions Judge (Fast Track), Banswara convicting and sentencing the accused appellants as under:- Accused Shankar Lal - u/S.302 IPC ­ Life imprisonment with a fine of Rs.2000/- and in default of payment of fine further to undergo six months simple imprisonment. u/S.323 IPC ­ Three months simple imprisonment. Accused Jhumaklal @ Jhumanlal, Beerbal and Suresh Chandra u/S.302/34 IPC - Life imprisonment with a fine of Rs.2000/- and in default of payment of fine further to undergo six months simple imprisonment to each. u/S.323 IPC ­ Three months simple imprisonment to each.
(2.) IN brief, facts of the case are that on 4.9.2005 at about 11:00 PM a statement given by Shri Devilal (PW-3) at Koba Choraha was reduced in writing by a police team of Police Station Anandpuri and on basis of that a case was lodged for the offences punishable under Sections 307, 147, 148, 149 and 323 Indian Penal Code. As per the statement given by Shri Devilal M/s Bharat, Dhaneshwar and Rajmal came to his shop on two different motorcycles at about 08:30 PM on 4.9.2005. Dhaneshwar had a cigarette from the shop and then he moved towards his motorcycle. At that time Jhumanlal @ Jhumaklal and four other persons came there and caught hold of Bharat and his friends. They started quarrelling with them and put down Bharat on earth and then gave stone blows. The assailants fled from the spot when Magan, Raman etc. came there. During the course of treatment Bharat died, therefore, investigation was initiated for an offence punishable under Section 302 Indian Penal Code also. The investigating agency after completing the investigation submitted a police report before the competent court and the case then was committed to the court of Sessions. On 17.11.2005 the accused appellants were charged for the offences punishable under Sections 148, 323, 324, 302 read with 120-B Indian Penal Code. On denial of the charges, trial commenced as desired.
(3.) THE prosecution supported its case with the aid of 19 witnesses out of whom Devilal (PW-3), Rajmal (PW-4), Dhaneshwar (PW-5), Ganeshlal (PW-6) and Ramlal (PW-7) were cited as eye witnesses. Dr. S.K.Bhatnagar (PW-15) conducted autopsy on the person of deceased Bharat and Dr. Devendra Verma (PW-16) examined injuries of Rajmal and Dhaneshwar, therefore, they substantiated the medical evidence advanced by the prosecution. The testimony of Shri Prithvi Singh (PW-19) was also examined and he narrated all the steps taken during the course of investigation being investigating officer. The postmortem report (Ex.P/15) and injury reports of Devilal, Rajmal and Dhaneshwar Ex.P/6, Ex.P/7 and Ex.P/8 and the report given by Forensic Science Laboratory (Ex.P/26) were exhibited alongwith other documents prepared by the investigating agency during the course of investigation. While explaining the adverse circumstances and incriminating material available in prosecution evidence, the accused appellants termed the entire prosecution evidence as false and pleaded their innocence. In defence statements of Shri Ambalal (DW-1) and Subhash Patidar (DW-2) were recorded. The documents D/1 to D/6 were also exhibited in defence. The trial court after examining the entire evidence available on record arrived at the conclusion that the accused appellants participated in the crime in question and, therefore, convicted and sentenced them. One accused Jayantilal was acquitted from all the charges.;