IMPORTANT POINT
The judgment establishes that for a conviction under Section 302 IPC, there must be clear evidence of intent and direct involvement in the act leading to death, and that joint liability under Section 149 IPC requires corroborative evidence linking the accused to the specific crime committed.

JUDGMENT :

(Pushpendra Singh Bhati, J.) :

1. This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following reliefs :

“It is therefore, respectfully prayed that this appeal may kindly be accepted and accused appellants may be acquitted of all the charges levelled against them.”

2. The matter pertains to an incident which occurred in the year 1987 and the present appeal has been pending since the year 1989.

3. The accused-appellants laid a challenge to the judgment of conviction and order of sentence dated 29.11.1989 passed by the learned Sessions Judge, Merta, in Sessions Case 2/88 (State of Rajasthan Vs. Mansukh & Ors.), whereby the accused-appellants have been convicted for the offence punishable under Sections 302/149, 325/149, 323 & 147 IPC. For the offence punishable under Section 302/149 IPC, the accused appellants have been sentenced for life imprisonment and fine with default clause; whereas, for the offence punishable under Sections 325/149, 323 & 147, the accused-appellants were ordered to be released, while extending them the benefit of Section 4 of the Probation of Offenders Act, 1958.

3.1. The accused-appellants Chandmal, Mansukhram and Babulal, had expired, and therefore, the instant appeal qua them stood dismissed as abated.

3.2. Qua accused-appellant Kanaram, since his whereabouts were not known for last more than seven years, and thus, a presumption of his death was drawn under Section 108 of the Indian Evidence Act, 1872 and thus, while holding that he was no longer alive, the instant appeal qua him as well, stood dismissed as abated.

4. As the pleaded facts and the record would reveal, on 02.10.1987, at about 7:30 p.m., the complainant-Kishan Lal (PW.18) alongwith his uncle-Madan Lal, Mansab Khan and one Yasin were going towards the market to have tea and when reached near ‘Teliyon Ki Masjid’, from the side of the garden of Shahji Dharmshala Baag, near Novelty Montessori School, all the ten accused persons, armed with lathis and hockeys, came with common motive, and started beating the complainant’s uncle-Madan Lal, whereupon Lalaram & Rajuram, who were nearby and coming after undertaking the work of labour in Kumharo Ka Baas, came to the rescue of Madanlal; thereupon, the accused persons also started beating the said two persons as well. The said treatment was meted out by the accused persons to certain other persons, namely, Ratan Lal, Ramlal and Bhanwarlal and Lachchi, who came to the rescue to the complainant party.

4.1. As a result of the same, Madanlal and Ratanlal sustained fracture in hands, Rajuram sustained head injuries and the blood-oozing was there on the said vital part of his body, apart from other grievous injuries sustained by him, resultantly, Rajuram, being in unconscious state, fell on the spot. Thereafter, certain persons, namely, Banshilal, Ghasiram, Kunaram & others, came to the spot.

4.2. The said incident was reported by the complainant-Kishanlal on the said date i.e. 02.10.1987, vide written report (Ex.P-9), before the Police Station, Kuchaman City at about 8:30 p.m., on the basis whereof an FIR bearing No.113/87 was registered against the accused persons for the offences under Section 147, 148, 149, 307 & 323 IPC, and the investigation accordingly commenced thereafter. However, since on the same date i.e. 02.10.1987 itself, in the night, Raju, succumbed to the injuries and died, therefore, the offence under Section 302 IPC was also added against the accused persons. After investigation, the police filed charge-sheet against the accused persons for the offences under Sections 147, 148, 149, 302, 325 & 323 IPC before the competent court. Thereupon, the said competent court, committed the matter, owing to the case registered and investigated under the aforesaid provisions of law, committed the matter to the learned Trial Court.

5. The learned Trial Court framed the charge against accused-appellants for the offence under Sections 147, 325/149, 323/149 & 302 I