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High Court Of Rajasthan
Judgename : Shiv Kumar Sharma,Khem Chand Sharma
Gyarsa - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 647 of 2001
Decided On : 02/15/2006
Criminal Appeal - Unlawful Assembly - Sections 302/149, 307/149, 325/149, 148, 323/149, 447, IPC - The court analyzed the evidence and found that the common object to kill was shared only by certain appellants, leading to their conviction and acquittal of others. The court also discussed the principles of vicarious liability and the significance of injuries sustained by the accused in the context of self-defense.
Fact of the Case:
An incident involving the death of four individuals during a dispute over marking the boundary of a field led to the trial of 63 accused persons, resulting in the conviction and sentencing of 40 appellants.
Finding of the Court:
The court found that the prosecution was able to establish the involvement of certain appellants in the fatal attacks, leading to their conviction, while acquitting others based on the lack of evidence.
Issues: The court considered the presence of unlawful assembly, shared common object, and the significance of injuries sustained by the accused in the context of self-defense.
Ratio Decidendi: The court applied the principles of vicarious liability and the significance of injuries sustained by the accused in determining their guilt. It also emphasized the need to separate the true evidence from embellishments and exaggerations.
Final Decision: The court modified the judgment, convicting and sentencing certain appellants while acquitting others based on the evidence presented.
Shiv Kumar Sharma, J.-In an unfortunate incident four persons viz. Kheta. Jainarain, Ganpat and Ramchandra lost their life. The dispute arose while Patthar Gadi (marking of boundary by fixing stones) on the field was in progress. Out of 63 accused persons named in the First Information Report, only 42 were charge-sheeted. Since accused Ram Swaroop and Rajveer were declared absconders, they were tried separately. Accused Ram Niwas @ Ram Kumar died during trial and proceedings against him stood dropped. Thus 40 appellants, who have been convicted and sentenced vide Judgment dated 27.08.2001 by the Additional Sessions Judge Kotputli District Jaipur are before us in these appeals. The details of appellants and punishment recorded against them are as under:-
Twenty four appellants in Criminal Appeal No. 647/2001 viz. 1. Gyarsa, 2. Laxman, 3. Rajbir @ Dholya, 4. Onkar S/o Gyarsa. 5. Sheoram, 6. Dharampal, 7. Ramdayal, 8. Badri, 9. Hazari, 10. Sawai Singh, 11. Gulzari, 12. Bhoma, 13. Devi Sahai, 14. Dayaram, 15. Ashok, 16. Sheokaran, , 17. Leelaram, 18. Mool Chand, 19. Shriram, 20. Rampratap, 21. Prabhu, 22. Malaram, 23. Umrao, 24. Mahada and three appellants in Criminal Appeal No. 685/2001 viz. 1. Ram Niwas, 2. Ramavtar and 3. Onkar S/o Kalu have been convicted and sentenced thus:-
Under Section 302/149 IPC:-
Each to suffer imprisonment for life and fine of Rs. 500/-, with default stipulation.
Under Section 307/149 IPC:-
Each to suffer rigorous imprisonment for ten years and fine of Rs. 500/-, with default stipulation.
Under Section 325/149 IPC:-Each to suffer rigorous imprisonment for three years and fine of Rs. 200/-, with default stipulation.
Under Section 148 IPC:-
Each to suffer rigorous imprisonment for three years.
Under Section 323/149 IPC:-
Each to suffer rigorous imprisonment for one year.
Under Section 447 IPC:-
Each to suffer rigorous imprisonment for three years. The substantive sentences were ordered to run concurrently. Twelve appellants in Criminal Appeal No. 647/2001 viz. 1. Girdhari, 2. Tarachand, 3. Jaidayal, 4. Matadin, 5. Netram, 6. Prithivi @ Pipaya, 7. Mahendra, 8. Deshraj, 9. Prakash, 10. Heera Lal, 11. Bhebharam and 12. Hariram and appellant Sawant in Appeal No. 685/2001 were however not found guilty under Sections 302/149 and 307/149 and have been convicted and sentenced as under:-Under Section 325/149 IPC:-
Each to suffer rigorous imprisonment for three years and fine of Rs. 200/-, with default stipulation. Under Section 148 IPC:-Each to suffer rigorous imprisonment for three years. Under Section 323/149 IPC:-Each to suffer rigorous imprisonment for one year.
Under Section 447 IPC:-
Each to suffer rigorous imprisonment for three years.
The substantive sentences were ordered to run concurrently.
It may be noticed that finding of learned trial Judge acquitting these appellants under Sections 302/149 and 307/149 has neither been assailed by the State nor by the complainant.
2. The prosecution story is woven like this:-On 30.12.1998 informant Hardan (PW. 37) submitted written report (Exhibit-P/119) at Police Station Kotputli with the averments that on that day at 12-1 PM while Dataram, Jainarain, Ganpat, Jainarain, Kheta had been to their house and chatting together, sixty three persons named in the report armed with axe, barcchi, lathi, jelly, bakri and swords came over there and dealt with blows on Kheta, Ganpat, Jai Narayan and Sanwata with an intention to kill them. Hearing hue and cry when Ramchandra, Gulzari, Bhola, Lalaram, Sahjeet, Inder, Harda, Barfi, Patram, Mahada, Nathya and Mala came to rescue them they were also beaten up. Kheta died on the spot. Jainarain and Ganpat were taken to hospital where they were declared dead. The injured persons were admitted to the hospital. On that report a case under Sections 147, 148, 149, 323, 307, 447 and 302, IPC was registered and investigation commenced. Dead bodies were subjected to post mortem, statement of witnesses were recorded, the accused was arrested, neces
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