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2016 Supreme(Raj) 1645

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mohammad Rafiq, Vijay Kumar Vyas, JJ.
Kalawati W/o Shri Lalchand & Ors. - Petitioners
Versus
State of Rajasthan Through Public Prosecutor - Respondent
D.B. Criminal Appeal Nos. 590, 630, 704, 828 of 2015
Decided On : 20-05-2016

Advocate Appeared:
For the Appellants :Mr. Suresh Sahni with Mr. R.M. Sharma, Advocates, Mr. Sanjay Singhal, Advocate
For the Respondent: Mr. Aladeen Khan, Public Prosecutor

Headnote:

Indian Penal Code, 1860 - Sections 147, 323/149, 324/149, 325/149, 326/149, 307/149 and 302/149 - Criminal Appeals - Simple imprisonment - Four appeals have been preferred by five accused-appellants, who have been convicted by learned Additional Sessions Judge, vide judgment in Sessions Case for offence - Held, In Courts considered opinion, evidence produced by the prosecution falls short of proof beyond reasonable doubt to bring home the guilt of the accused-appellants - It would be highly unsafe to sustain conviction of the accused-appellants the kind of evidence that has been adduced in this case - All the accused-appellants, in Courts view, are entitled to benefit of doubt - All the four appeals filed by the accused appellants, therefore, deserve to succeed and are accordingly allowed. Conviction and sentence of accused appellants, therefore, deserve to succeed and are accordingly allowed - Conviction and sentence of accused appellants, is set aside - They are acquitted of the charges levelled against them - Appellant is in jail for last about more than eleven years and eight months, and she be set at liberty forthwith if not required in any other case - Ordered accordingly.

JUDGMENT :

Mr. Mohammad Rafiq, J.

1. These four appeals, bearing D.B. Criminal Appeals No. 590/2015, 630/2015, 704/2015 and 828/2015, have been preferred by five accused-appellants, namely, Kalawati, Madanlal, Raju @ Rajendra and Mohan Lal and Ram Singh, who have been convicted by learned Additional Sessions Judge, Chhabra, District Baran (for short, ‘the trial court’), vide judgment dated 07.07.2015 in Sessions Case No. 98/2015 (old Sessions Case no. 272/2002), for offence under Sections 147, 323/149, 324/149, 325/149, 326/149, 307/149 and 302/149 of the Indian Penal Code. All above accused-appellants have been 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

Section 323/149 IPC

Three months 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 324/149 IPC

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

Under Section 325/149 IPC

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

Under Section 326/149 IPC

Four years rigorous imprisonment with fine of 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 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 default of payment of fine, to further undergo one year’s additional simple imprisonment

2. Genesis of these appeals against judgment dated 07.07.2015 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, Mandanlal, 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. 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 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 it 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



































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