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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

Advocates:
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.

JUDGMENT

1. - Rajendra Singh @ Deena s/o. Hanuman Singh, Sawai Singh s/o. Matusingh, Rameshwar s/o. Bhagwana, Girdhari s/o. Beharilal, Rajendra Prasad s/o. Banshidhar, Ram Niwas s/o. Madanlal, Moolchand s/o. Prabhat, Madan s/o. Behari, and Sube Singh s/o. Madan, have instituted D.B. Criminal Appeal No. 1420/2007. We have been told that out of nine appellants, the appellant No.8, Madan s/o. Behari has expired on 13.3.2014. Roshan lal s/o. Bhagwana, Hanuman Singh s/o. Godsingh, Mahesh s/o. Madanlal, Arjun s/o. Sardara, Mahesh s/o. Ramkaran, Sheoram s/o. Baluram, Rajendra s/o. Sugad Singh, Prakash s/o. Moturam and Devendra s/o. Girdhari, have preferred D.B. Criminal Appeal No. 1431/2007. We have been told that Hanuman s/o. Godsingh died on 16.6.2014.

2. By filing these two appeals, the accused appellants have assailed the judgment dated 27.6.2007, rendered by the court of Additional Sessions Judge, Kotputli, District Jaipur, whereby, the trial Judge convicted 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, for the offences under sections 148, 325/149, 324/149, 323/149, 427, 455/149, 302/149 IPC. Vide separate order of even date, the appellants were sentenced as under:-

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.

3. However, the trial Judge, acquitted Rohitash s/o. Moolchand, Deshraj s/o. Matadeen, Chhitar s/o. Sugad, Lalchand s/o. Devi Sahai, Ashok s/o. Bagdawat Singh, Prakash s/o. Moolchand @ Moola, Jagdish s/o. Makkhan, Moola s/o. Deena, Ramjilal s/o. Bhagwana, Ramnath s/o. Narayan, Jagdish s/o. Bhaguta, Puran s/o. Devi Sahai, Sundaram s/o. Maturam, Sunil s/o. Hanuman Singh, Bhagwana s/o. Deena, Puran s/o. Bhagwana, Ramniwas s/o. Sagra, Gyanchand s/o. Sagra, Bhawani s/o. Gokul Singh, Jai Singh s/o. Sultan, Gugan Singh s/o. Jai Singh, Sardara s/o. Gheesa, Gheesa s/o. Bhola, Subhash s/o. Moola, Raj Singh s/o. Bagdawat Singh, Ajay Singh s/o. Bagdawat Singh, Madan Singh s/o. Mool Singh, Pusa Ram s/o. Ramnath, Ruda @ Madan s/o. Bhaguta, Hardayal s/o. Shri Ram, Kailash s/o. Sohan Lal, of offences under Sections 148, 325/149, 324/149, 323/149, 427, 455/149 and 302/149 IPC. State of Rajasthan, sought a leave to appeal to assail the acquittal of above 31 persons.

4. In all, the prosecution had sent fifty-one persons for the trial, in a case arising out of FIR No. 343/2001, registered at po










































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