- (1.) Challenging the judgment dated 10.3.2011 passed by the Additional Sessions Judge No.2, Sikar, three appeals have been filed before this court. While Jhabarmal, Mukesh Khud, Hariprasad @ Hari Banuda, Mukesh Sauthalia, Kishore Kumar Nehra, Rampal Khinchad, Rajesh Kumar Burdak, Govindram, Bajranglal, Nema Mali @ Nemi Chand have collectively filed D.B. Cr. Appeal No.336/2011, Nema Mali @ Nemi Chand has filed D.B. Cr. Appeal No.337/2011. Meanwhile, aggrieved by the acquittal of Hariprasad @ Hari Banuda, Mukesh Saunthaliya and Nema Mali @ Nemichand for offence u/s.120B IPC, and by total acquittal of Vijaypal @ Birju, Richhpal Singh, Mohd. Amin Pathan, Jai Singh, Manjeet Singh, Daulatram @ Daula Jat, Bhanwar Singh and Roopdan @ Dungardan @ Baji, the State of Rajasthan has filed D.B. Cr. Appeal No.898/2011. Since these three appeals emanate from the same judgment, the appeals are being decided by this common judgment.
(2.) By the impugned judgment, the learned Judge has convicted and sentenced the appellants as under:- i. Accused-appellant, Jhabarmal: U/s.302 IPC: Life imprisonment, imposed with a fine of Rs.1000/-, and directed to further undergo one month rigorous imprisonment in default thereof. U/s.452 IPC: Three years rigorous imprisonment, imposed with a fine of Rs.2000/-, and directed to further undergo two months rigorous imprisonment in default thereof. U/s.147 IPC: One year simple imprisonment, imposed with a fine of Rs.200/-, and directed to further undergo fifteen days simple imprisonment in default thereof. U/s.148 IPC: Two years rigorous imprisonment, imposed with a fine of Rs.2000/-, and directed to further undergo two months rigorous imprisonment in default thereof. ii. Accused-appellant, Mukesh Khud: U/s.302 IPC: Life imprisonment, imposed with a fine of Rs.1000/-, and directed to further undergo one month rigorous imprisonment in default thereof. U/s.452 IPC: Three years rigorous imprisonment, imposed with a fine of Rs.2000/-, and directed to further undergo two months rigorous imprisonment in default thereof. U/s.147 IPC: One year simple imprisonment, imposed with a fine of Rs.200/-, and directed to further undergo fifteen days simple imprisonment in default thereof. U/s.148 IPC: Two years rigorous imprisonment, imposed with a fine of Rs.2000/-, and directed to further undergo two months rigorous imprisonment in default thereof. iii. Accused-appellant, Hariprasad @ Hari Banuda: U/s.302/120B IPC: Life imprisonment, imposed with a fine of Rs.1000/-, and directed to further undergo one month rigorous imprisonment in default thereof. However, acquitted for offence U/s.120B IPC. iv. Accused-appellant, Mukesh Sonthaliya: U/s.302/120B IPC: Life imprisonment, imposed with a fine of Rs.1000/-, and directed to further undergo one month rigorous imprisonment in default thereof. However, acquitted for offence U/s.120B IPC. v. Accused-appellant, Kishore Kumar Nehra: U/s.302/149 IPC: Life imprisonment, imposed with a fine of Rs.1000/-, and directed to further undergo one month rigorous imprisonment in default thereof. U/s.452 IPC: Three years rigorous imprisonment, imposed with a fine of Rs.2000/-, and directed to further undergo two months rigorous imprisonment in default thereof. U/s.147 IPC: One year simple imprisonment, imposed with a fine of Rs.200/-, and directed to further undergo fifteen days simple imprisonment in default thereof. However, acquitted for offence U/s.148 IPC. vi. Accused-appellant, Rampal Khinchad: U/s.302/149 IPC: Life imprisonment, imposed with a fine of Rs.1000/-, and directed to further undergo one month rigorous imprisonment in default thereof. U/s.452/149 IPC: Three years rigorous imprisonment, imposed with a fine of Rs.2000/-, and directed to further undergo two months rigorous imprisonment in default thereof. U/s.147 IPC: One year simple imprisonment, imposed with a fine of Rs.200/-, and directed to further undergo fifteen days simple imprisonment in default thereof. However, acquitted for offence U/s.148 IPC. vii. Accused-appellant, Rajesh Kumar Burdak: U/s.302/149 IPC: Life imprisonment, imposed with a fine of Rs.1000/-, and directed to further undergo one month rigorous imprisonment in default thereof. U/s.147 IPC: One year simple imprisonment, imposed with a fine of Rs.200/-, and directed to further undergo fifteen days simple imprisonment in default thereof. However, acquitted for offence U/s.148 IPC. viii. Accused-appellant, Govindram: U/s.302/149 IPC: Life imprisonment, imposed with a fine of Rs.1000/-, and directed to further undergo one month rigorous imprisonment in default thereof. U/s.452/149 IPC: Three years rigorous imprisonment, imposed with a fine of Rs.2000/-, and directed to further undergo two months rigorous imprisonment in default thereof. U/s.147 IPC: One year simple imprisonment, imposed with a fine of Rs.200/-, and directed to further undergo fifteen days simple imprisonment in default thereof. However, acquitted for offence U/s.148 IPC. ix. Accused-appellant, Bajranglal: U/s.302/149 IPC: Life imprisonment, imposed with a fine of Rs.1000/-, and directed to further undergo one month rigorous imprisonment in default thereof. U/s.452/149 IPC: Three years rigorous imprisonment, imposed with a fine of Rs.2000/-, and directed to further undergo two months rigorous imprisonment in default thereof. U/s.147 IPC: One year simple imprisonment, imposed with a fine of Rs.200/-, and directed to further undergo fifteen days simple imprisonment in default thereof. However, acquitted for offence U/s.148 IPC. x. Accused-appellant, Nema Mali @ Nemi Chand: U/s.302/120B IPC: Life imprisonment, imposed with a fine of Rs.1000/-, and directed to further undergo one month rigorous imprisonment in default thereof. However, acquitted for offence U/s.120B IPC. Moreover, the learned Judge has acquitted the accused-respondents as under:- i. Accused-respondent, Vijaypal @ Birju Jat: For offence U/s. 302/120B, 120B IPC. ii. Accused-respondent, Richhpal Singh: For offence U/s. 302 r.w. 120B, 120B IPC. iii. Accused-respondent, Mohammad Aamin: For offence U/s. 302/120B, 120B IPC. iv. Accused-respondent, Jai Singh: For offence U/s. 302/120B, 120B, 119 IPC. v. Accused-respondent, Manjeet Singh: For offence U/s. 302/120B, 120B, 212 IPC. vi. Accused-respondent, Daulatram @ Daula Jat: For offence U/s. 147, 148, 120B, 302/149, 201 IPC. vii. Accused-respondent, Bhanwar Singh: For offence U/s. 302/120B, 120B, 212 IPC. viii. Accused-respondent, Roopdan @ Dungardan @ Baji: For offence U/s. 212 IPC.
(3.) The prosecution case commences on 5.4.2006 with Manoj Batad (P.W.16) submitting a written report (Ex. P. 26) before the Police Station Kotwali, Sikar. When translated into English, the written report (Ex. P. 26) reads as under:- Today, at 2:15 PM, the complainant, and Baldev Jat, Bhanwarlal Pilania and Gopal Fogawat, had come to Seven Art Tailor shop owned by Bhagirath Tailor which is situated near the Saini Mandir, Sikar. Gopal Ji had come to pick-up his clothes. Gopal Ji and the complainant went inside the shop, while Baldev Jat and Bhanwarlal Pilania were standing outside the shop. At that moment, two Bolero Jeeps, came in high speed, and stopped outside the shop. About fourteen to fifteen persons jumped out of these two jeeps; they were Balbir Banuda, Rampal Banuda, Hari Banuda, Govind Banuda, Sanwarmal Khinchad, Parmeshwar Bagadia, Rajesh Burdak, Mukesh Bajia, Mukesh Khud, Jhabarmal Bajia, Mahendra Barala, Bajrang Lal Banuda and Kishore. Out of these persons, Mukesh Bajia, Hari Banuda and Jhabarmal Bajia had pistols with them. Balbir Banuda had a gun, Kishore had a weapon, but I cannot remember of what kind. All these five persons entered the shop uttering curse words for Gopalya and asking as to where he was. At that time, Gopal Ji was inside a cabin (trial room). Kishore opened the door of the cabin, and then all of them started firing indiscriminately at Gopal Ji. Gopal Ji fell on the floor and he was covered, all over, with blood. These persons boarded the jeep, and ran away towards the Shekhpura Mohalla (area). Gopal Ji was rushed to the hospital, where the doctor declared him dead. The jeep numbers were RJ28-UA-0038 and RJ23-C-2825.;