2015 Supreme(Raj) 1152
RAJASTHAN HIGH COURT AT JAIPUR BENCH
R.S.Chauhan, Kanwaljit Singh Ahluwalia, JJ.
Rajendra Singh @ Deena & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
D.B. Criminal Appeal No. 1420 of 2007.
Decided On : 6-01-2015
For the Appellant in Criminal Appeal No. 1420 of 2007:Ashvin Garg, Advocate.
For the Appellant in Criminal Appeal No. 1431 of 2007:Sudhir Jain, Advocate.
For the Complainant:Rinesh Gupta, Advocate.
For the Appellant-State in Criminal Appeal No. 1183 of 2008: N.S. Dhakad, Public Prosecutor.
For the Respondent acquitted accused Respondent in Criminal Appeal No. 1183 of 2008:Ashvin Garg, Advocate.
Headnote:Indian Penal Code, 1860 Sections 302, 455, 427, 323, 324, 325, 148 and 149- Against the acquittal of the some accused – State appeal- court observed that trial court after analyzing the evidence acquitted some accused and it would not proper to disturb the acquittal – delay in special report is not so crucial for the prosecution- common object of the unlawful assembly was just beating, sound thrashing and to cause grievous injuries in order to get the possession of the land and not to commit murder- Only ‘G’ and ‘M’ exceeds the common object so only they are responsible for the murder under sec 302/34- others accused would only be convicted for the offences under section 325/149, 324/149, 323/149, 427 and 455/149 Indian Penal Code- Appeal dismissed.
Accused-Girdhari s/o. Behari, Ramniwas s/o. Madan, Sube Singh s/o. Madan, Rajendra @ Deena s/o. Hanuman, Rajendra s/o. Banshidhar, Sawai Singh s/o. Matusingh, Mahesh s/o. Madan, Devendra s/o. Girdhari, Moolchand s/o. Prabhat, Madan s/o. Behari, Prakash s/o. Motu, Rajendra s/o. Sugad Singh, Hanuman s/o. Godsingh, Rameshwar s/o. Bhagwana, Roshan s/o. Bhagwana, Sheoram s/o. Baluram, Mahesh s/o. Ramkaran, Arjun s/o. Sardara:
U/s. 148 IPC- To suffer one and a half years R.I.
U/s. 325/149 IPC- To suffer two years' R.I., and pay a fine of Rs. 5,00/- each, in default of payment of fine to further undergo three months' R.I.
U/s. 324/149 IPC- To suffer one year's R.I., and pay a fine of Rs. 2,00/- each, in default of payment of fine to further undergo two months' R.I.
U/s. 323/149 IPC- To suffer six months' R.I. and pay a fine of Rs. 2,00/- each, in default of payment of fine to further undergo two months' imprisonment.
U/s. 427 IPC- To suffer six months' R.I. and pay a fine of Rs. 5,00/- each, in default of payment of fine to further undergo two months' R.I.
U/s. 455/149 IPC- To suffer three years' R.I. and pay a fine of Rs. 5,00/- each, in default of payment of fine to further undergo six months' R.I.
U/s. 302/149 IPC- To suffer life imprisonment and pay a fine of Rs. 10,000/- each, in default of payment of fine to further undergo two years' R.I.