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2005 Supreme(Raj) 3088
RAJASTHAN HIGH COURT AT JAIPUR BENCH
V.K.Bali, Harbans Lal, JJ.
State of Rajasthan & Ors. - Appellants
Versus
Mohan Lal & ors. - Respondent
D.B. Cr. Appeal No. 520 of 2003.
Decided On : 2-06-2005
For the State: Mr. B.N. Sandu, PP.
Headnote:
A. Criminal Procedure Code, 1973, Section 154 - Filing of delayed FIR - it was only natural for informants to be afraid to file the FIR at night and if the D.S.P. got the FIR on the spot does not mean not that it was also recorded on the spot - delay was satisfactorily explained and no reason to reject the prosecution case.
B. Indian Penal Code, 1860, Sections 302 and 149 - Criminal Procedure Code, 1973, Section 366 - Two sets of groups were present at the crime scene - one group of persons surrounded the accused persons and refused to move, in order to prevent them from escaping and another group of persons who later on came inside the house and killed the deceased - different liability of both group of persons although the first group cannot be said to possess the object of killing - section 149 is clearly applicable here - the persons who entered the house of the deceased shared a common object with others - held, the group which went in the house and participated in killing the deceased shall are liable to be convicted under section 302 read with section 149 of the Indian Penal Code.
C. Evidence Act, 1872, Section 3 - The witnesses are closely related to the deceased and their testimony has a probative value - held, while their testimony cannot be out rightly disbelieved but a great deal of caution needs to be exercised while examining their statements.
Under section 148 Indian Penal Code - Three years R.I. and a fine of Rs. 500/- (in default of payment of fine, six months' R.I.)
Under section 427 Indian Penal Code - 2 years' RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 6 months).
Under section 342 Indian Penal Code - 1 year RI and a fine of Rs. 500/- (in default of payment fine, further RI for 3 months).
Under section 460 Indian Penal Code - 10 years' RI and a fine of Rs. 2,000/ (in default of payment of fine, further RI for one year).
Under section 302 Indian Penal Code - Death sentence by hanging from neck till such time they die (To be hanged by neck till death)
Under section 148 Indian Penal Code - Three years R.I. And a fine of Rs. 500/- (in default of payment of fine, six months' R.I.)
Under section 427 Indian Penal Code - 2 years' RI and fine of Rs. 500/- (in default of payment of fine, further RI for 6 months).
Under section 342 Indian Penal Code - 1 Year RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 3 months).
Under section 460 Indian Penal Code - 10 years' RI and a fine of Rs. 2,000/- (in default of payment of fine, further RI for one year).
Under section 302 /149 Indian Penal Code - Life imprisonment and a fine of Rs. 2000/- (in default of payment of fine, further RT for one year).
Under section 148 Indian Penal Code - Three years R.I. and fine of Rs. 500/- (in default of payment of fine, six months' R.I.)
Under section 427 Indian Penal Code - 2 years' RI and fine of Rs. 500/- (in default of payment of fine, further RI for 6 months).
Under section 342 Indian Penal Code - 1 year RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 3 months).
Under section 460 Indian Penal Code - 10 years' RI and a fine of Rs. 2000/- (in default of payment of fine, further RI for one year).
Under section 302 /149 Indian Penal Code - Life imprisonment and a fine of Rs. 2000/- (in default of payment of fine, further RI for one year).
Under section 148 Indian Penal Code - Three years R.I. and a fine of Rs. 500/- (in default of payment of fine, six months' R.I.)
Under section 427 Indian Penal Code - 2 years'
