D.B. Criminal Appeal Nos. 683/2004 and 56/2005 and D.B. Cr. Revision Petition No. 624/2004. Case: Phaili Ram and Ors. Vs State of Rajasthan and Ors.. Rajasthan High Court
| Case Number | D.B. Criminal Appeal Nos. 683/2004 and 56/2005 and D.B. Cr. Revision Petition No. 624/2004 |
| Counsel | For Appellant: R.P. Vijay and Anil Sharma, Advs. and For Respondents: Narendra Dhakad, Public Prosecutor |
| Judges | Kanwaljit Singh Ahluwalia and Nisha Gupta, JJ. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 313, 437A; Indian Penal Code 1860, (IPC) - Sections 147, 148, 149, 300, 302, 304, 323, 34, 451, 452 |
| Judgement Date | March 17, 2015 |
| Court | Rajasthan High Court |
Judgment:
Nisha Gupta, J.
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As all the three cases assail the same judgment passed by the trial court, they are being decided by this Court by this common judgment.
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D.B. Criminal Appeal No. 683/2004 has been preferred against the judgment dated 28/05/2004 passed by the court of Additional Sessions Judge (Fast Track) No. 1, Jaipur in Sessions Case No. 102/2001 (State Vs. Shankar & Ors.) whereby, the accused-appellants have been convicted and sentenced, as under:-
(1) Appellant No. 1-Phaili Ram:-
for offence u/S.302 IPC:- Life Imprisonment with a fine of Rs. 500/- and in default of payment thereof, to further undergo one month rigorous imprisonment.
for offence u/S.323/34 IPC:- Rigorous Imprisonment for six months with a fine of Rs. 100/- and in default of payment thereof, to further undergo one month rigorous imprisonment.
(2) Appellant No. 2-Ram Lal:-
for offence u/S.302/34 IPC:- Life Imprisonment with a fine of Rs. 500/- and in default of payment thereof, to further undergo one month rigorous imprisonment.
for offence u/S.323/34 IPC:- Rigorous Imprisonment for one month with a fine of Rs. 100/- and in default of payment thereof, to further undergo one month rigorous imprisonment.
(3) Appellant No. 3-Suresh:-
for offence u/S.302/34 IPC:- Life Imprisonment with a fine of Rs. 500/- and in default of payment thereof, to further undergo one month rigorous imprisonment.
for offence u/S.323/34 IPC:- Rigorous Imprisonment for one month with a fine of Rs. 100/- and in default of payment thereof, to further undergo one month rigorous imprisonment.
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The complainant-Shiv Lal Meena has filed revision petition being D.B. Criminal Revision Petition No. 624/2004 against the judgment dated 28/05/2004 passed by the court of Additional Sessions Judge (Fast Track) No. 1, Jaipur in Sessions Case No. 102/2001 (State Vs. Shankar & Ors.) whereby, accused-respondents No. 2 to 6 Shankar, Smt. Babudi, Shravan Lal, Smt. Kailashi and Smt. Birdi have been acquitted from the charge for offence u/Ss.148, 323, 323/34, 302 & 302/34 IPC.
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The State also filed leave to appeal, which was partly granted and resultantly, State filed appeal against acquittal being D.B. Criminal Appeal No. 56/2005 against the judgment dated 28/05/2004 passed by the court of Additional Sessions Judge (Fast Track) No. 1, Jaipur in Sessions Case No. 102/2001 (State Vs. Shankar & Ors.) whereby, accused-respondents No. 1 to 5 i.e. Shankar, Smt. Babudi, Shravan Lal, Smt. Kailashi and Smt. Birdi have been acquitted from the charges leveled against them for offence u/Ss.148, 323, 323/34, 302 & 302/34 IPC but vide order dated 18/01/2004 passed by the coordinate bench, leave to appeal was only granted qua accused-respondent No. 1-Shankar.
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The case of the prosecution is that Shivram Meena (PW8) had lodged a written report (Ex.P14) with the contention that on 22/03/2001 at 11.30 a.m., Rinku came to his Well to have the water for his buffalo; at that time, buffalo eased and passed dung, which fell on their field. Kailashi wife of Shankar Lal came there and tried to lift the buffalo-dung. The present informant forbade her to do so on which, Kailashi abused him; at that time, Jagdish father of informant also came there and altercation had taken place between them. Grandfather Bhagwan Sahay was not at home at that time but after some time, he came and grand-mother Nathi Devi was also at home then, Shankar Lal, Kailashi, Suresh, Phaili Ram, Ram Lal, Shravan, Babudi and Birdi Devi came to their house. Shankar was having 'gandasa' in his hands and all others were having sticks in their hands and they started beating Jagdish and Bhagwan Sahay. Bhagwan Sahay died on the spot and Jagdish suffered injuries. Roopnath, Jagannath, Ramprasad and Lalaram have witnessed the occurrence. On the written report, case FIR No. 128/2001 has been registered at Police Station Bassi for offence u/Ss.147, 148, 149, 452, 302 and 323 IPC. After investigation, charge-sheet has been filed against seven persons for offence u/Ss.147, 148, 149, 451, 323 and 302 IPC, which was committed to the court of sessions and entrusted for trial to Additional Sessions Judge (Fast Track) No. 1, Jaipur.
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After committal of the case, the trial court framed the charges against accused Shankarlal, Phaili Ram and Kailashi for offence u/Ss.148, 323, 323/149 and 302 IPC and against rest of the accused for offence u/Ss.148, 323, 323/149 and 302/149 IPC and charges were read over to the accused but all the accused denied the charges and claimed to be tried.
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To support the case, the prosecution produced 17 witnesses from PW1 to PW17, respectively Nathi, Roopnath, Jagannath, Ramprasad, Lala Ram, Badri Narayan, Jagdish, Shivram, Nathulal, Meghraj, Dr. Dharmendra Sharma, Kunjbihari Lal Jat, Ratanlal, Dr. O.P. Meena, Yadram Yadav, Ashok Kumar Sharma and Hari Singh Jat and exhibited 43 documents from Ex.P1 to Ex.P43, respectively the statements of witnesses Jagannath, Ramprasad, Lala Ram, site map, seizure memo of blood stained sand and pieces of bangles, panchnama corpse, seizure memo of corpse, arrest memo of accused respectively, Shankarlal, Phaili Ram, Babudi, Ram Lal, Sureshchand, written report, FIR, seizure memo of stick of Babool, seizure memo of Gandasa, site map of the place of incident, statements of witness Meghraj, injury report of Jagdish, x-ray report of Jagdish, copy of Malkhana Register, receipt of FSL, post-mortem report, negatives and photos, information derived at the instance of accused Babudi, Shankarlal, Ram Lal, Phaili Ram, Suresh and Shankar. The accused-appellants were examined u/S.313 Cr.P.C. They denied the allegation and in defence, the accused examined defence-witness Anil Sharma as DW1 and in documentary evidence, exhibited 13 documents from Ex.D1 to Ex.D13, respectively the statements of witnesses Nathidevi, Roopnath, Shivram, Jagdish, injury report of Suresh, x-ray report of Suresh, injury report of Phaili Ram, x-ray report of Phaili Ram, injury report of Ram Lal, x-ray report of Ram Lal, statement of witness Shankarlal, certified copy of attendance register and prescription slip of Shankar of Primary Health Center, Banskho.
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After conclusion of the trial, the present appellants have been convicted and sentenced in the manner as stated hereinabove. Hence, accused-appellants Phaili Ram, Ram Lal and Suresh have filed D.B. Criminal Appeal No. 683/2004, complainant-Shiv Lal Meena...
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