HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated October 3, 2002 of the learned Additional Sessions Judge (Fast Track) No. 1 Bundi, whereby the appellants, five in number, were convicted and sentenced as under:- Ram Kalyan and Brij Sunder u/s. 302 IPC and Heera Lal, Sita Ram, Daya Ram and Lala: U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months. U/s. 148 IPC: Each to suffer simple imprisonment for one year and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 323 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. Substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that Chanda Ram ASI Police Station K. Patan (Pw. 23) on August 13, 1991 at 3. 30 PM recorded parcha bayan (Ex. P-3) of injured Gajraj Singh (Pw. 3) at Govt. Hospital, wherein he stated that on the said day around 12- 12. 30 PM while he along with Akheraj and Dheer Singh were going to the field and reached near Gopalji temple, they were belaboured by Suraj Prakash, Brij Sunder, Onkar, Heera Lal, Ram Kalyan, Lala and Daya Ram, who were armed with Gandasi, Ballam, Dharia and lathis. Blows were inflicted by Suraj Prakash with dharia, Brij Sunder with Ballam and Ram Kalyan with lathi on the head of Akheraj Singh, as a result of which Akheraj Singh fell down and blood started oozing out. Dheer Singh was given beating by Suraj Prakash, Brij Sunder, Lala, Onkar and others. Injured Gajraj Singh was also received injuries while he made attempt to intervene. The incident was witnessed by Shambhu Goswami, Dwarka Lal Koli and Shiv Raj Singh. While injured were taken to the hospital, Akheraj Singh succumbed to his injuries on the way. On that Parcha Bayan case under sections 302, 307, 323, 147, 148 and 149 IPC was registered and investigation commenced. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Bundi. Charges under sections 302, 302/149, 148, 307, 326, 307/149 and 323 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 27 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) DHEER Singh (Pw. 21) did not support the prosecution case and he was declared hostile. Shiv Raj Singh (Pw. 18) although named the appellants as assailants, could not depose with certainty as to who was responsible for the injuries caused to the deceased.