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2018 Supreme(Raj) 1387
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANGEET LODHA, VIRENDRA KUMAR MATHUR, JJ.
Shiv Narayan @ Sheo Narayan S/o Sh. Sheo Karan & Ors. - Appellants
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 199 of 2005 Connected With D.B. Criminal Appeal No. 932 of 2003
Decided On : 28-08-2018
For the Appellants : Mr. Pradeep Shah with Mr. S.S. Rathore, Mahaveer Prasad & Dilaver Singh Mr.Kalu Ram Bhati, Sheoprakash, Mr. R.S.Gill for appellant Shiv Narayan @ Sheo Narayan
For the Respondent: Mr. Vishnu Kachhawaha, Public Prosecutor
Headnote:
Penal Code, 1860 – Sections 302/149, 148, 449, 364, 323, 324, 342 – Appeal against judgment and order passed by Sessions Judge – Offence of murder – Injuries sustained – Challenged – Appeal against Conviction – Held, facts and circumstances of case, it is not in dispute that injury which proved fatal was not specifically attributed to either of accused – But then, deceased Rajiram who had already been beaten thrice at different places in consecutive succession, was taken to open area by accused appellants sharing common intention to belabour him and in furtherance of common intention, they belaboured Rajiram severely and caused 47 injuries in succession including injury on skull which is found fatal – Thus, Appellants sharing common intention having caused such bodily injuries knowing fully well that it is likely to cause death and having inflicted an injury sufficient to cause death in ordinary course of nature deserve to be convicted – Appeals disposed of.
Facts of the Case:
These two appeals (Appeal No.199/05 & 932/03) arise out of the judgment and order dated 18.1.05 passed by the Sessions Judge, Sri Ganganagar in Sessions Case No.69/03 and judgment and order dated 3.7.03 passed by the Additional Sessions Judge (Fast Track), Sri Ganganagar in Sessions Case No.67/02. By judgment and order dated 3.7.03, the appellants Mahaveer Prasad has been convicted for offences under Sections 302/149, 148, 449, 364, 323, 324, 342 IPC and Sheoprakash has been convicted for offences under Sections 302/149, 148, 449, 364, 323, 324, 342 & 341 IPC, whereas, vide judgment and order dated 18.1.05 passed by the Sessions Judge, Sri Ganganagar in Session Case No.69/03, the appellants Shivnarayan and Dilaver Singh have been convicted for offences under Sections 302/149 and 148 IPC. The appellants have been sentenced as under:
Findings of the Case:
facts and circumstances of case, it is not in dispute that injury which proved fatal was not specifically attributed to either of accused – But then, deceased Rajiram who had already been beaten thrice at different places in consecutive succession, was taken to open area by accused appellants sharing common intention to belabour him and in furtherance of common intention, they belaboured Rajiram severely and caused 47 injuries in succession including injury on skull which is found fatal – Thus, Appellants sharing common intention having caused such bodily injuries knowing fully well that it is likely to cause death and having inflicted an injury sufficient to cause death in ordinary course of nature deserve to be convicted.
Result: Appeals disposed of.
Mr. Sangeet Lodha, J.
1. These two appeals (Appeal No.199/05 & 932/03) arise out of the judgment and order dated 18.1.05 passed by the Sessions Judge, Sri Ganganagar in Sessions Case No.69/03 and judgment and order dated 3.7.03 passed by the Additional Sessions Judge (Fast Track), Sri Ganganagar in Sessions Case No.67/02. By judgment and order dated 3.7.03, the appellants Mahaveer Prasad has been convicted for offences under Sections 302/149, 148, 449, 364, 323, 324, 342 IPC and Sheoprakash has been convicted for offences under Sections 302/149, 148, 449, 364, 323, 324, 342 & 341 IPC, whereas, vide judgment and order dated 18.1.05 passed by the Sessions Judge, Sri Ganganagar in Session Case No.69/03, the appellants Shivnarayan and Dilaver Singh have been convicted for offences under Sections 302/149 and 148 IPC. The appellants have been sentenced as under:
MAHAVEER PRASAD AND SHEOPRAKASH
Section 302/149 IPC
Life imprisonment with fine Rs.1,000/-; in default of payment of fine one year simple imprisonment.
Section 148 IPC
One year’s rigorous imprisonment.
Section 449 IPC
Ten years rigorous imprisonment with fine of Rs.500/-; in default of payment of fine to further undergo six months’ simple imprisonment.
Section 364 IPC
Seven years rigorous imprisonment with fine of Rs.500/-; in default of payment of fine to further undergo six months’ simple imprisonment.
Section 323 IPC
One year’s rigorous imprisonment.
Section 324 IPC
Three years rigorous imprisonment with fine of Rs.200/-; in default of payment of fine to further undergo three months’ simple imprisonment.
Section 342 IPC
One year’s rigorous imprisonment.
That apart, Sheoprakash has been sentenced for conviction for offence under Section 341 IPC for one month’s simple imprisonment.
SHIVNARAYAN @ SHYONARAYAN AND DILAVER SINGH
Section 302/149 IPC
Imprisonment for life with fine of Rs.1000/-; in default of payment of fine to further undergo one year simple imprisonment.
Section 148 IPC
One year rigorous imprisonment.
The sentences have been directed to run concurrently.
2. The prosecution story may be summarised thus:
On 10.5.02 at 10.25 P.M., the complainant Ramlal’s son Shyamlal and Rajiram Suthar both were doing wood work in the house of Jagdish Kasaniya s/o Sheokaran Kasaniya. In the evening around 6.45 P.M., Rajiram Suthar rushed inside the house of the complainant Ramlal, while he was sitting in the courtyard. He told to the complainant to rescue him as Shyoprakash and Mahaveer were belabouring him. In the meantime, Shyoprakash and Mahaveer Prasad while chasing Rajiram entered the house of the complainant Ramlal and took away Rajiram to the open area (bakhal) in the house of Jagdish. The complainant followed them to the house of Jagdish. Shyoprakash was armed with axe, Mahaveer, Pawan, Chhindra, Shiv Narayan s/o Shyokaran, Dilaver were armed with sticks. All of them while sharing the common object started belabouring Rajiram with sticks and axe. The complainant Ramlal raised alarm and tried to rescue Rajiram. Rajiram’s wife, Kaluram Suthar, Shyamlal Suthar and many others also reached on the spot. All of them tried to rescue Rajiram but the accused persons didn’t spare Rajiram and continued to beat him by sticks. Whenever Rajiram became unconscious, the accused persons poured water over him and on his regaining the consciousness, continued to beat him. In the meantime, there was noise that police has arrived, then all the accused persons fled away leaving Rajiram behind. Rajiram was unconscious and the blood was oozing out from the injuries suffered, who was admitted to the hospital with the police help. During treatment in the Government Hospital, Rajiram succumbed to the injuries.
3. Narrating the incident as aforesaid, complainant Ramlal submitted a written report (Ex.P/5) to the SHO, Police Station, Chunawad at 10.25 P.M., at the Government Hospital, Sri Ganganagar. On the basis of the written report, the police registered the FIR No.53/02 (Ex.P/40) and the investigation commenced.
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