SHIV KUMAR SHARMA, J. - (1.) As many as 5 accused were indicated before the learned Additional Sessions Judge, Ramganjmandi, Kota in Sessions Case No. 332/98. Since co-accused Prabhu Lal died during trial the proceedings against him stood dropped. Learned trial Judge vide judgment dated March 27, 1999 convicted and sentenced the remaining four accused as under:- as362.htm
(2.) All the substantive sentences were ordered to run concurrently.
(3.) The prosecution case, in nut-shell is like this :- "On April 23, 1988, informant Madan Lal (PW 3) around 8.45 p.m. arrived at police station, Kanwas along with his Uncle Kalulal and his injured father Nainki Lal (now deceased) who was unconscious and apprised that around 7.30 p.m. on the said day after the hot exchanges between the deceased and the accused Ram Narayan, Ram Gopal S/o Ram Narain came over there. He was armed with 'Londy' (stick with iron rings). Accused Ram Narain and Prabhu Lai caught hold of deceased and exhorted Ram Gopal S/o Ram Narian to kill the deceased. Ram Gopal S/o Ram Narain then gave blow with 'Londy' on the forehead of the deceased. On the basis of the said report case under Ss. 147, 148, 149 and 307, I. P. C. was registered and investigation commenced. During investigation Nainki Lal died and S. 302, I. P. C. was added. Autopsy on the dead body was performed, statements of the witnesses under S. 161, Cr. P. C. were recorded, necessary memos' were drawn and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge, Ramganjmandi, Kota. Charges under Ss. 147, 148, 302 and 302/149, I. P. C. were framed against appellant Ramgopal S/o Ram Narain whereas charges under Ss. 147, 148 and 302/149, I. P. C. were framed against the remaining appellants Ram Kishan, Ram Narayan and Ramgopal S/o Bheru Lal. The appellants denied the charges and claimed trial. The prosecution in support of its case, examined as many as 17 witnesses and got exhibited 18 documents. In their statements under S. 313, Cr. P. C. the appellants claimed innocence. Learned trial Judge on hearing final submissions, convicted and sentenced the accused-appellants as indicated hereinabove. ;