IN HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Appeal No. 986/2011

1. Appu Chamar S/o Tunda, by caste Chamar, Resident of Pureni, Police Station, Kasba Thana, District Baran.

(At present confined in District Jail, Jodhpur)

2. Budda @ Budha Chamar S/o Tunda, by caste Chamar, Resident of Pureni, Police Station, Kasba Thana, District Baran. (At present confined in District Jail, Baran)

3. Lakhu Chamar S/o Tunda, by caste Chamar, Resident of Pureni, Police Station, Kasba Thana, District Baran.

(At present confined in District Jail, Jodhpur)

4. Ramji Chamar S/o Tunda, by caste Chamar, Resident of Pureni, Police Station, Kasba Thana, District Baran.

(At present confined in District Jail, Baran)

----Appellants Versus State of Rajasthan Through PP ----Respondent ________________________________________________________________ For Appellant(s) : Mr. P.C. Jain, with Mr. Amit Sharma, for the appellants.

For Respondent(s) : Mr. N.S. Dhakad PP for the State.

_____________________________________________________

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA HON'BLE MR. JUSTICE PRAKASH GUPTA

Judgment

Per: KANWALJIT SINGH AHLUWALIA, J.

3.1.2017 Four brothers, namely Appu Chamar, Budda @ Budha Chamar, Lakhu Chamar and Ramji Chamar, being sons of Tunda, residents of Pureni, Police Station Kasba Thana, District Baran, have preferred the present appeal to challenge the impugned judgment dated 31.3.2010, whereby the court of District and Sessions Judge (Fast Track), Baran, held the appellant Appu Chamar guilty of offence under Sections 302 IPC, and furthermore, appellants namely Budda @ Budha Chamar, Lakhu Chamar and Ramji Chamar were held guilty of offence under Section 302/34 IPC. The trial court also substantively convicted Ramji Chamar of offence under Section 323 IPC, whereas three other accused, Appu Chamar, Budda @ Budha Chamar and Lakhu Chamar were convicted of offence under Section 323 read with Section 34 IPC. The trial court acquitted all the four appellants of offence under Section 307 IPC in alternate of offence under Section

307/34 IPC.

Having convicted the appellants for the above said offences, the trial court vide a separate order of even date, sentenced them as under:-

U/s. 302 and 302/34 IPC- to undergo life imprisonment and to pay a fine of Rs.1000/- each, in default of payment of fine to further undergo additional six months S.I.

U/s. 323 and 323/34 IPC- to undergo six months S.I. and to pay a fine of Rs.100/- each, in default of payment of fine to further undergo additional one month S.I.

All the sentences were ordered to run concurrently.

In the instant appeal filed, a prayer has been made that the conviction pronounced and sentences awarded be set aside.

The criminal proceedings in the present case, were set into motion on the basis of written report (Exhibit-P/4), presented by Nawal Singh (P.W.11), before Hazari Lal (P.W.17), who on the said date i.e. 2.8.2008, was posted at Police Station Kasba Thana. On the basis of the written report (Exhibit-P/4), a formal FIR (Exhibit-P/5), bearing No.65/2008, was registered at Police Station Kasba Thana, District Baran.

The complainant, Nawal Singh (P.W.11), in the present case is star witness of the prosecution, as he was injured in the occurrence, wherein the appellants had caused injuries to Sardar Singh Rajpoot. The injuries caused to Sardar Singh Rajpoot had proved fatal and thus, they have been tried for the offence of murder. The trial Judge, for causing injuries to Nawal Singh (P.W.11), had formulated the charge for the offence under Section 307, in alternative for offence under Section 307/34 IPC.

In the written report (Exhibit-P/4), Nawal Singh (P.W.11)

stated that on 2.8.2008, at 5:30 PM, he along with Sardar Singh Rajpoot, resident of Musredi, had gone from Musredi to Bhanpur Bhogiya to collect charges of ploughing. When, they reached village Preni, in front of shop of Kailash Kachhi, for going towards Bhanpur Bhogiya from Chamrana, they met Appu Chamar in front of his