- (1.) THE case of the prosecution, in nutshell, is that on 21.10.2002, at about 6:00 PM, on the way going from Aminpura to the huts of Malis, Bhanwar Lal Dhobi was abducted and was taken towards the village Chhan for committing his murder and the appellants along with their co -accused, in the house of the appellant Galol @ Galudi committed murder of Bhanwar Lal by giving beating.
(2.) IT is a further case of the prosecution that the appellants also caused injuries to Chhitar (P.W.5), father of the deceased, Bhanwar Lal, who had died due to beating given by the accused. On the basis of statement (Exhibit -P/9) made by Chhitar (P.W.5), a formal FIR (Exhibit -P/62) bearing No. 200/02 was registered at the Police Station Mehandwas, District Tonk for the offences under Sections 147, 148, 149, 323, 447, 365, 307 and 302 IPC and Section 3(2)(5) of SC/ST Act.
(3.) IN the aforesaid FIR, during the investigation, seventeen persons namely Jitendra @ Jitya s/o Chhotu Lal Gujar, Rajendra @ Raju s/o Chhotu Gujar, Galol @ Galudi w/o Chhotu Gujar, Ramavtar s/o Morpal Gujar, Prahlad s/o Sheokaran Gujar, Nanulal s/o Shri Narayan Gujar, Hemraj s/o Gowardhan Gujar, Devkaran s/o Kishan Lal Gujar, Kalu s/o Ranglal Gujar, Girraj s/o Moti Lal Gujar, Sheoraj s/o Bhaguta Gujar, Devkaran s/o Girdhari Gujar, Sukhlal s/o Ramphool Gujar, Ranglal s/o Sheokaran Gujar, Revraj s/o Kishan Gujar, Kishan Lal s/o Shri Narayan Gujar and Ram Dayal s/o Kalyan Gujar, were nominated as accused. During the pendency of the trial, Ranglal s/o Sheokaran Gujar died. The trial court acquitted Nanulal s/o Shri Narayan Gujar, Devkaran s/o Kishan Lal, Sheoraj s/o Bhaguta Gujar, Devkaran s/o Girdhari Gujar, Sukhlal s/o Ramphool Gujar, Revraj s/o Kishan Gujar, Kishan Lal s/o Shri Narayan Gujar and Ram Dayal s/o Kalyan Gujar. However, the trial court convicted Jitendra @ Jitya s/o Chhotu Lal Gujar, Rajendra @ Raju s/o Chhotu Gujar, Galol @ Galudi wife of Chhotu Gujar, Ramavtar s/o Morpoal Gujar, Hemraj s/o Gowardhan Gujar, Kalu s/o Ranglal Gujar, Girraj s/o Motilal Gujar and Prahlad s/o Sheokaran Gujar, for the offences under Sections 147, 148, 302/149, 364/149, 325/149 and 323/149 IPC. However, the trial court acquitted all accused of offence under Section 3(2)(5) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Having convicted the above accused -appellants for the aforesaid offences, the trial court vide a separate order of even date sentenced them as under: - U/s 147 IPC - to undergo one year R.I and to pay a fine of Rs. 1,00/ -, in default of payment of fine, to further undergo fifteen days S.I. U/s 148 IPC - to undergo one year R.I and to pay a fine of Rs. 1,00/ -, in default of payment of fine, to further undergo fifteen days S.I. U/s 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo three months S.I. U/s 364/149 IPC - to undergo five year R.I and to pay a fine of Rs. 5,00/ -, in default of payment of fine, to further undergo one month S.I. U/s 325/149 IPC - to undergo three year R.I and to pay a fine of Rs. 5,00/ -, in default of payment of fine, to further undergo one month S.I. U/s 323/149 IPC - to undergo six month R.I and to pay a fine of Rs. 5,00/ -, in default of payment of fine, to further undergo one month S.I.;