Kanwaljit Singh Ahluwalia, J. - (1.) RAMDAYAL @ Pappu s/o. Prahlad and Ramniwas @ Ramkaran @ Niwas s/o. Moolchand @ Feeta @ Mulya, were named as accused along with thirty -one other persons. The trial court by the judgment dated 10.1.2002 and 30.6.2005, convicted and sentenced twenty eight accused as under: - Kedar, Kishore @ Ram Kishore, Babu Lal @ Ram Dhan, Laddu Lal, Jai Ram, Ram Swaroop, Harbhajan @ Bhajan, Moji Ram, Ramkesh s/o. Shyopal, Shyoji Ram @ Shyoji, Gopal s/o. Govinda, Brij Mohan, Kalu Ram @ Kalu, Hajari, Morapal, Dhanpal, Jamna lal, Indra Raj, Shyokaran s/o. Mool Chand, Shravan, Hanuman, Ramkesh s/o. Shyopal, Ramji Lal, Mathura Lal, Jas Karan, Hari Ram, Kailash and Vilas @ Ram Vilas (vide judgment dated January 10, 2002): Ramphool and Ganga Bishan (vide judgment dated June 30, 2005): U/s. 148 IPC: Each to suffer rigorous imprisonment for one year. U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 500/ -, 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. 300/ -, in default to further suffer simple imprisonment for two months. U/s. 325/149 IPC: Each to suffer rigorous imprisonment for three years and fine of Rs. 200/ -, in default to further suffer simple imprisonment for one month. U/s. 324/149 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 100/ -, in default to further suffer simple imprisonment for fifteen days. U/s. 323/149 IPC: Each to suffer rigorous imprisonment for six months. The substantive sentences were ordered to run concurrently.
(2.) AGGRIEVED against their conviction and sentence, the above said twenty -eight persons filed D.B. Criminal Appeal No. 81/2002 and 618/2005 before this Court. A co -ordinate Division Bench of this Court decided both the appeals titled as Kedar & 27 Others vs. State of Rajasthan [D.B. Criminal Appeal Nos. 81/02; 618/05] on 7.9.2007. The judgment delivered by Division Bench of this Court in above case has been reported as [(2008) 1 WLC 332]. We are informed that the judgment rendered by the Division Bench of this Court has been affirmed by the Hon'ble Supreme Court by dismissing the Special Leave to Appeal (Crl.) No.(s) 3331 -3332/2008 on 13.5.2008.
(3.) THE present two appellants, namely Ramdayal and Ramkaran, had absconded. Later they were apprehended and sent for trial. Criminal proceedings were set into motion on the basis of a written report (Exhibit -P/1) submitted by Banshi (P.W. 2). The written report (Exhibit -P/1) was presented before Subhash Singh, SHO, Police Station Chauth Ka Barwada. His signatures on the written report (Exhibit -P/1) have been duly identified by Narayan Lal (P.W. 12), who at the relevant time was posted as D.S.P., Sawai Madhopur (Rural). The written report (Exhibit -P/1) when translated into English, reads as under: - "To, SHO,Police Station Chauth Ka Barwada, Sir, It is submitted that on 10.7.2000, at about 8:30 AM, I, Prakash, Chiranji, Jagram, Hanuman, Tikaram, Chothmal, Gangaram and Harphool had gone to our fields, Bada Dangara and Bankari, for sowing Bajara. When we had just commenced sowing Bajara crop, accused, namely Ramniwas s/o. Mulya, Kedar s/o. Ramniwas, Kishore s/o. Govinda, Jairam s/o. Girraj, Babu s/o. Shravan, Maujiram s/o. Jairam, Shyokaran s/o. Mulya, Mathura Lal s/o. Merpal, Babu s/o. Prahlad, Morpal s/o. Rattiram, Jamna lal s/o. Chhitar, Ramkesh s/o. Shravan, Gopal s/o. Govinda, Kalu s/o. Kishore, Kailash s/o. Kalu, Jaskaran s/o. Harpal, Hariram s/o. Nanga, Hajari s/o. Shravan, Bhajan s/o. Rattiram, Bilas s/o. Gopal, Ramji Lal s/o. Ramphool, Gangabishan s/o. Ramratan, Hanuman s/o. Ramratan, Laddu lal s/o. Shyokaran, Ramswaroop s/o. Shyopal, Pappu s/o. Prahlad, Shyoji s/o. Jairam, Brij Mohan s/o. Nanga, Ramkesh s/o. Shyopal, Dhanpal s/o. Narayan, Indra Raj s/o. Jamna Lal, Ramphool s/o. Govinda and Shravan s/o. Radhya, with the common intention to cause murder, came on three tractors. Immediately on coming, they encircled us and opened attack. Ramniwas s/o. Mulya, former Sarpanch, gave gandasi blow on the head of Prakash, due to which he fell on the ground (emphasis supplied). While he was lying fallen on the ground, Kishore and Kedar gave him gandasi blow and chopped up both feet of Prakash. Mathura Lal, Jaskaran, Laddu and Babu s/o. Prahlad armed with gandasi and kulhari, had caused injuries on various parts of the body of Chiranji. Gangabishan, Ramswaroop, Bhajan, Jairam and Mauji Ram, armed with gandasi and kulhari had caused injuries on Jagram's head and various parts of his body. Shyoji armed with gandasi caused injury on my left arm. Kalu gave a lathi blow on my back. Hanuman armed with kulhari caused injury to Bilas's hand. Hajari gave gandasi blow on his back. Ramkesh s/o. Shravan, Ramji lal, Ramphool, Jamna Lal, Ramkesh s/o. Shyopal caused various injuries to Harphool and made him fall on the ground. Morpal, Babu, Kailash and Dhanpal armed with gandasi and lathis caused various injuries to Gangaram and made him fall on the ground. Hariram armed with gandasi chopped up Chothmal's hand and Indra Raj injured him with lathi blows. Pappu (emphasis supplied), Shyokaran, Gopal, Brij Mohan and Hanuman armed with lathis gave beating to Tikaram. After causing injuries, all the accused decamped from the spot on their three tractors. I and Tikaram ran to the village Jhopad and from there, brought tractors of Mithalal, Pappu and Ratan Lal to the place of occurrence, and brought all the injured to Bhagwatgarh. Prakash had already died, therefore, we left his dead body in the field. At about 4:00 PM, we brought all the injured in Jeep to Government Hospital, Sawai Madhopur. Chiranji died on the way. Jagram died just after reaching the hospital. For whole night, I and other injured were being treated at hospital. Report is presented. Action be taken. ApplicantSd/ -Banshi s/o. Harphool Meena,r/o. Bagina.";