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2016 Supreme(Raj) 1228

IN THE HIGH COURT OF RAJASTHAN, JAIPUR BENCH
Mohammad Rafiq & Vijay Kumar Vyas, JJ.
Hansraj S/o Shri Madanlal – Appellant
Versus
State of Rajasthan through Public Prosecutor – Respondent
D.B. Criminal Appeal No. 631 of 2015
Decided On : 20-05-2016

Advocates Appeared:
For the Appellant : Mr. Sanjay Singhal
For the Respondent: Mr. Aladeen Khan

Headnote:Indian Penal Code, 1860 -Sections 147, 323/149, 324/149, 325/149, 326/149, 307/149 and 302/149 - Accused-appellant was charged for Murder, Rioting , Unlawful assembly, Voluntarily causing hurt, Hurt by dangerous weapon and Attempt to murder - Incident took place at night at tube-well on agricultural field, in which family members received injuries and one or two persons died - Injured "C" failed to give names of any appellant/accused - All three injured eye-witnesses alleged that various ornaments of gold and silver worn by them which were snatched by appellants/accused but none of these articles recovered - Two witnesses supporting prosecution case were consistent in their version others not so supporting and declared hostile - Guilt of appellant/accused on basis of evidence on record cannot be held to be proved beyond reasonable doubt- Conviction and sentence set aside - Accused acquitted.

JUDGMENT :

Mohammad Rafiq, J.

This appeal has been preferred by accused-appellant Hansraj assailing judgment and order dated 07.07.2015 passed by learned Additional Sessions Judge, Chhabra, District Baran, in Sessions Case No. 98/2015 (old No.272/2002), whereby he has been convicted for offence under sections 147, 323/149, 324/149, 325/149, 326/149, 307/149 and 302/149 of the IPC and sentenced as under :-

Conviction

Sentence

Under Section 147 IPC

One year simple imprisonment with fine of Rs.500/-, and in default of payment of fine, to further undergo one month's additional simple imprisonment

Under Section 323/149 IPC

Three months simple imprisonment with fine of IPC Rs.500/-, and in default of payment of fine, to further undergo one month's additional simple imprisonment

Under Section 324/149 IPC

One year simple imprisonment with fine of IPC Rs. 1000/-, and in default of payment of fine, to further undergo three months additional simple imprisonment

Under Section 325/149 IPC

Three years simple imprisonment with fine of IPC Rs.2000/-, and in default of payment of fine, to further undergo six months additional simple imprisonment

Under Section 326/149 IPC

Four years rigorous imprisonment with fine of IPC Rs.5000/-, and in default of payment of fine, to further undergo one year's additional simple imprisonment

Under Section 307/149 IPC

Seven years rigorous imprisonment with fine of IPC Rs.7000/-, and in default of payment of fine, to further undergo two years additional simple imprisonment

Under Section 302/149 IPC

Life imprisonment with fine of Rs. 10,000/-, and in IPC default of payment of fine, to further undergo one years' additional simple imprisonment

2. Genesis of this appeal lies in the incident, which took place in the night intervening 11.04.1999 and 12.04.1999, in which Mohan Lal, Ram Ratan and Rampal were murdered and Chhotulal, father of latter two, and three ladies, namely, Kailash Bai, Ramdhani Bai and Kastoori Bai received injuries. Total twelve persons, namely, Mohanlal, Raju @ Rajendra, Bajrang Lal, Chaturbhuj, Ram Singh, Ramdayal, Kalawati, Madanlal, Hansraj, Heera Lal, Phool Chand and Prem, were named as accused in the written report submitted by injured Chhotulal but the police filed charge-sheet against only nine accused. Phool Chand and Prem, both sons of Gopilal, have not been apprehended yet. Accused Heera Lal was apprehended on 12.03.2011 and he was thereafter tried separately. Trial proceeded against remaining eight accused, namely, Mohan Lal, Raju @ Rajendra, Bajrang Lal, Chaturbhuj, Ram Singh, Ramdayal, Kalawati and Madanlal. Prosecution examined 28 witnesses upto 30.11.2004 against eight accused, except Hansraj (appellant herein). Then Hansraj was apprehended on 01.09.2004. Supplementary charge-sheet against him was filed on 14.02.2005. The trial court ordered his joining in the main case and thus he too was added as accused therein on 14.02.2005. By then already statements of 28 prosecution witnesses were recorded. The trial court, after framing charges against appellant Hansraj, again examined 30 witnesses. Evidence recorded against original eight accused remained intact. The trial court, instead of giving two separate judgments, taking into account 28 witnesses examined in presence of eight accused charged on 04.11.2003, gave a common judgment dated 27.09.2007 whereby convicted and sentenced six accused for offences under Sections 147, 323/149, 324/149, 325/149, 326/149 and 302/149 of the IPC, and acquitted three accused.

3. Aggrieved by the said judgment, six convicted accused preferred D.B. Criminal Appeals No.1688/2007, 1844/2007, 1842/2007 and 1843/2007. This court, vide judgment dated 20.04.2015, disposed of all four appeals and set aside judgment dated 27.09.2007, without































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