D.B. Criminal Appeal Nos. 741, 735, 773 and 869/2011. Case: Satpal and Ors. Vs State of Rajasthan. Rajasthan High Court
| Case Number | D.B. Criminal Appeal Nos. 741, 735, 773 and 869/2011 |
| Counsel | For Appellant: M.K. Garg, Deepak Agarwal, Dhirendra Singh and Rajeev Bishnoi, Advs. and For Respondents: Vishnu Kachhawaha, PP, Mridul Jain and Bhagat Dadhich, Advs. |
| Judges | Gopal Krishan Vyas and Kailash Chandra Sharma, JJ. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 161, 313, 374(2), 437A; Indian Penal Code 1860, (IPC) - Sections 120B, 147, 148, 149, 302, 307; Motor Vehicles Act, 1988 - Section 133 |
| Judgement Date | February 09, 2017 |
| Court | Rajasthan High Court |
Judgment:
Gopal Krishan Vyas, J.
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In all above criminal appeals filed under Section 374 (2) Cr.P.C. by accused appellants, Satpal, Rohitash, Atma Ram, Yusuf, Mohd. Yunus and Champalal. the judgment dated 30th of July, 2011 passed by learned Addl. Sessions Judge (Fast Track), Anoopgarh, HQ- Suratgarh, District Sri Ganganagar in Session Case No. 41/2009, is under challenge, whereby the accused appellants were convicted for the offences under Sections 302/149, 147, 120B and 307/149 of IPC and following sentence was passed against them, which reads as under: -
Appellants: Satpal, Rohitash, Mohammed Yusuf and Yusuf.
147 of IPC: Two Years' Simple Imprisonment along with fine of Rs. 3000/-. In default of payment of fine, to further undergo three months' simple imprisonment.
302/149 of IPC: Life Imprisonment and fine of Rs. 5,000/- and in default of payment of fine, to further undergo six months' simple imprisonment.
307/149 of IPC: Ten Years' Simple Imprisonment along with fine of Rs. 3000/-. In default of payment of fine, to further undergo three months' simple imprisonment.
120B of IPC: Life Imprisonment and fine of Rs. 5,000/- and in default of payment of fine, to further undergo six months' simple imprisonment.
Appellant: Atma Ram:
147 of IPC: Two Years' Simple Imprisonment along with fine of Rs. 3000/-. In default of payment of fine, to further undergo three months' simple imprisonment.
302 of IPC: Life Imprisonment and fine of Rs. 5,000/- and in default of payment of fine, to further undergo six months' simple imprisonment.
307 of IPC: Ten Years' Simple Imprisonment along with fine of Rs. 3000/-. In default of payment of fine, to further undergo three months' simple imprisonment.
120B of IPC: Life Imprisonment and fine of Rs. 5,000/- and in default of payment of fine, to further undergo six months' simple imprisonment.
[Appellant, Somdutt, died in jail, therefore, appeal was abated qua him.]
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As per facts of the case, P.W. 1 Kaka Singh, gave statements (Ex. P/1) on 15.05.2009 at 10.40 AM to the A.S.I. of Police Station- Suratgarh, at Govt. Hospital, Suratgarh, in which following allegations were levelled against the appellants, Atma Ram and 4-5 other unknown persons:
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On the basis of above statement recorded in the Govt. Hospital, Surathgarh, formal F.I.R. No. 172/2009 was registered on 15.05.2009 by the S.H.O., Police Station-Suratgarh, District Sri Ganganagar.
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After registration of the FIR, investigation was commenced by the Investigating Officer (PW.29- Majid Khan). During investigation the dead body of the deceased (Surjeet S/o Kishanlal) was taken to Hospital for postmortem, where postmortem was conducted by the Medical Board, in which Dr. Jagat Singh and Dr. Vinod Sharma, were the members. As per opinion of the Medical Board, and according to postmortem report, the cause of death was shock (Neurogenic + Hemorrhage) due to seven injuries on the person of deceased as are mentioned in the postmortem report (Ex. P/65) dated 15.05.2009.
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During investigation the accused appellants were arrested and the injury report of injured, author of FIR P.W. 1-Kaka Singh (Ex. P/61) was also obtained from the Hospital for the purpose of further investigation by the Investigating Officer. As per injury report one lacerated wound and eight abrasions were found upon the body of injured eye witness Kaka Singh (PW.1). The Investigating Officer after recording statements of eye witnesses and other connected witnesses filed charge sheet against 7 accused persons under Sections 120B, 147, 148, 302 and 307/149 of IPC in the court of learned Addl. Chief Judicial Magistrate, Suratgarh, from where the case was committed for trial to the court of learned Addl. Sessions Judge (FT), Anoopgarh, HQ-Suratgarh.
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After providing opportunity of hearing, the learned Addl. Sessions Judge (FT), Anoopgarh, HQ- Suratgarh, framed charges against the accused appellants under Sections 120B, 148, 302 and 302/149, so also under Sections 307 and 307/149 of IPC, but all the accused appellants denied the charges and prayed for trial.
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In the trial, statements of 24 witnesses were recorded from the prosecution side and 143 documents were exhibited in support of prosecution case. The statements of the accused appellants were also recorded u/s. 313 Cr.P.C., in which they denied all the allegations levelled by the prosecution witnesses and said that they innocent. In defence, DW.1 Atma Ram was examined and 9 documents were exhibited in the defence.
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The learned trial court after recording the evidence of both the sides finally heard the arguments raised on behalf of accused appellants, as well as Addl. PP and counsel for the complainant and vide its judgment dated 30.07.2011 convicted the accused appellants for the offences mentioned above and passed sentenced mentioned above. In this appeal the appellants are challenging the finding of conviction recorded by the trial court on various grounds and judgment dated 30.07.2011.
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