- (1.) This criminal appeal has been filed by three accused-appellants; namely-Gopal Lal, Gulab Chand and Smt. Mangi Devi, assailing the judgment and order dated 25.09.2006 passed by the Court of Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Dausa (for short 'the trial court') where under the accused-appellants have been convict for the offences punishable under Sections 302 read with Section 34 and 323 IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Each of the accused-appellants, convict under Section 302 read with Section 34 IPC, has been sentenced to life imprisonment with fine of Rs. 5,000/-, in default whereof, they would have to further undergo additional rigorous imprisonment for five months. Similarly each of the accused-appellants, convict under Section 323 IPC, has also been sentenced to six months rigorous imprisonment with fine of Rs. 200/-, in default whereof, they would have to further undergo additional rigorous imprisonment for 15 days. Each of the accused-appellants, convict under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has also been sentenced to life imprisonment with fine or Rs. 1,000/-, in default whereof, they would have to further undergo additional rigorous imprisonment for one month. All the sentences were ordered to run concurrently.
(2.) Factual matrix of the case is that an F.I.R. No. 111/2004 (Exhibit P-21) was registered at Police Station Sainthal, District Dausa on the basis of Parcha Bayan (Exhibit P-20) of deceased Girraj Prasad S/o. Shri Ramdhan caste Raigar recorded on 23.10.2004, wherein he stated that on that day, he had taken his daughter to the Government Hospital, Sainthal for treatment and while he was coming back towards his house, Gulab, Radhey Shyam sons of Prabhu Gurjar, Smt. Mangi Devi wife of Prabhu Gurjar, Banwari @ Banna son of Ramdhan Kharwal, Gopal son of Sonya Gurjar residents of Habibwala came in front of his house. They all were armed with lathies and 'kharwadi'. They caught hold of the deceased and dragged him to the agricultural field and subjected him to beating by lathies and 'kharwadi'. He sustained number of injuries on both of his legs and other parts of the body. Accused Gulab was armed with 'kharwadi' and other accused were armed with lathies. Hari Harijan, Sultan Bawariya and other residents of nearby hutment ('dhani') came to intervene and save him. These people brought him to his house. There was dispute between him and the accused, who wanted to encroach upon his land, and therefore, they had subjected him to severe beating by lathies and 'kharwadi'.
(3.) Initially, investigation was carried out of Banwari Lal Meena (P.W. 12), S.H.O. Police Station Sainthal, Dausa, who recorded Parcha Bayan (Exhibit P-20) of the deceased and registered FIR (Exhibit P-21). He took the deceased to Government Hospital, Sainthal and then brought him to Government Hospital, Dausa wherefrom the deceased was referred to S.M.S. Hospital, Jaipur where he succumbed to the injuries. The police, upon completion of investigation, filed charge sheet against the accused-appellants and did not find any case worth filing challan against Banwari @ Banna Kharwal. However, accused Radhey Shyam being juvenile, case against him was filed before the Juvenile Justice Board. The trial court framed charges against the accused-appellants under Sections 302, in the alternative under Section 302/34 and 323 IPC and Section 3(2)(v) of the P heduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused-appellants denied the charges and claimed trial. The prosecution produced 15 witnesses and exhibited 24 documents. Thereafter, the accused-appellants were examined under Section 313 Cr.P.C. wherein they pleaded innocence. In defence, 5 documents were exhibited. The trial court, on conclusion of the trial, vide judgment and order dated 25.09.2006 convict and sentenced the accused-appellants in the manner indicated above.;