Guman Singh, J. - (1.) In this appeal, appellants have challenged the judgment dated April 30, 2003 of the learned Additional Sessions Judge, (Fast Track), Dholpur whereby each of appellants Ramji and Peetam were convicted and sentenced as under: U/s. 302/149 IPC, to suffer imprisonment for life and fine of Rs. 500/ -, in default to further suffer rigorous imprisonment for one months. U/s. 148 IPC, to suffer rigorous imprisonment for one year. Both the sentences were ordered to run concurrently. Briefly stated, the prosecution case is that complainant Mahaveer S/o. Teekaram Gurjar R/o. Kotra handed over a written report on 22.05.1981 at 11.00 pin to the Dy. Superintendent of Police Badi (District Dholpur) who had reached to the place of occurrence at village Kotra. In the report, it was slated that there had been exchange of hot words regarding installation of hand pump in the village by the Government in the day, so in the evening at about 6.30 pm, Jagdish S/o. Peetam Ramji, Hariya, Badna sons of Birkhe, Peetam S/o. Hukma, Shiv Singh, Jagdish S/o. Peetam, Bhagwan Singh, Rameshwar sons of Jagga, Girwar, Vijay Singh, Bhanwar Singh sons of Ram Singh, Diwan, Hakim sons of Ochha, Jadon S/o. Rajaram, Nirbhya S/o. Budha, Ramji S/o. Manwe all Gurjar by caste, came armed with 'lathis' and guns and attacked the house of Jagnnath. Amongst them, Peetam, Hariya and Ramji were armed with gun. On hearing their noise, Mahaveer, Sobaran, Ramswaroop, Ram Bharosi, Amar Singh, Shankar Balbir, Narpat and Heera Singh also came there. In the attack, Ramji fired at Jagnnath. and when he was tried to be saved, all the assailants attacked with guns and 'lathis' and in the attack Jagnnath, Heera Singh and Narpat died on the spot while Mst. Janka succumbed to the injuries later on and Sobaran Singh, Ramswaroop, Ram Bharosi, Amar Singh, Shankar, Smt. Baijanti, Mahaveer and Balbir also sustained gun shot injuries while the complainant himself and Balbir sustained lathi injuries.
(2.) The aforesaid report was forwarded to the police station where a case u/s. 147, 148, 149, 307, 302 IPC was registered. The Dy. S.P. who had reached at the spot, proceeded with the investigation and prepared site inspection map, recovered six empty cartridges cases of 8 mm/.315 IN KF and prepared other necessary memos. The autopsy on the dead body of Heera Singh, Jagnnath, Narpat and also of Mst. Janka, who had succumbed to the injuries, were got conducted. After collecting necessary evidence, accused Bhagwan Singh, Badan Singh, Bhagwan Singh S/o. Nahar Singh, Ramjilal, Deewan, Hakim, Jagdish, Jadon Singh, Ram Singh Siriya and Sonaram were challenged to the court in person. Challan against accused Bhanwar Singh was filed as a juvenile while against accused Ramji, Hariya, Peetam, Rameshwar, Vijay Singh, incomplete challan was filed in their absence as they were absconding. Thereafter on being arrested, complete charge sheet against accused Rameshwar was also filed. All the above accused who were put to trial were acquitted after the trial vide judgment dated 25.11.85 passed by Addl. Sessions Judge, Dholpur. Thereafter, accused Nirbhaya was also arrested and on being committed, he was also put to trial and he was also acquitted by Addl. Sessions Judge, Dholpur vide judgment dated 2.4.86. Thereafter, the present accused appellant Ramji @ Ramjilal was arrested and on being committed, he was put to trial and along with accused Peetam, while accused Hariya @ Hari Singh and Vijay Singh were reported to have expired.
(3.) Accused Ramji and Peetam were charge -sheeted for the Offences u/s. 148, 302, 302/149, 307 307/149, 325/149, 323/149 IPC. They pleaded not guilty and hence the trial commenced. The prosecution examined as many ten witnesses and then the statements of the accused were recorded u/s. 313 Cr.P.C. They expressed that they had committed no offence and were falsely implicated on account of enmity. However, no defence was led by them. After trial the learned trial court convicted the two accused as stated hereinabove.;