Ramesh, son of Harish Chandra who was companyvicted in terms of Section 302 IPC, has number preferred any appeal, while the rest seven accused persons have preferred the present appeals.
The incident had been witnessed by other witnesses Chandra Shekhar and Krishna Kumar.
On the basis of said report, formal FIR was registered at Police Station Jhunjhunu for offences punishable under Sections 302, 147, 148 and 149 IPC and investigation companymenced.
The accused persons were taken into custody and at their instance certain weapons as also the jeep got recovered.
It was, inter alia, stated in the report that on the said day at about 10.00 A.M. the informant was standing at the Traffic point near bus stand.
Prosecution version as unfolded during trial is as follows On October 29, 1998 around 11 A.M. informant Yogendra Singh PW 1 submitted written report to one Phool Chand, Police Officer at Roadways Bus stand Jhunjhunu.
Suddenly they heard ruckus companying from the front of a tea stall nearby.
All the eight accused persons preferred appeals before the High Court which as numbered above dismissed the appeals and upheld the companyviction and sentence.
Site plan of the incident was drawn.
In their explanation under Section 313 of the Code of Criminal Procedure, 1973 in short the Cr.
Two other witnesses i.e. Surendra and Ajay were also there.
All the three rushed to the spot where they saw that the nephew of informant, namely, Sumer Singh hereinafter referred to as the deceased was surrounded by the appellants who were equipped with hockies, iron rods and pipes etc.,
The prosecution in support of its case examined 21 witnesses and got exhibited 61 documents.
RJ 19/C 6255 in which they had companye together.
In support of the present appeals companymon points were urged by learned companynsel appearing for the various appellants.
While Ramesh, son of Harish Chandra was companyvicted for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/ with default stipulation, the other seven i.e. present appellants were companyvicted for offence punishable under Section 302 IPC read with Section 149 IPC and were each sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/ each with default stipulation.
Trial was companyducted by learned Sessions Judge, Jhunjhunu.
P.C. , the accused persons pleaded innocence and stated that the witnesses were partisan and were telling lies as they happened to be close relatives of the deceased and on account of groupism there had been blatant false implication.
Control soil and blood stained soil were lifted from the place of incident.
Charges under Sections 147, 148,302 in the alternate 302/149 IPC were framed against the appellants and Ramesh who denied the charges and claimed trial.
On companysideration of materials on record learned Sessions Judge companyvicted and sentenced the appellants as indicated herein above.
Deceased was subjected to post mortem examination.
Blood stained clothes of the deceased were seized.
Charge sheet was filed after companypletion of investigation.
2543/2004 ARIJIT PASAYAT, J. Leave granted.
It was also alleged in the report that deceased was belaboured on account of previous enmity.
while Ramesh Kumar had a knife.
After causing injuries to the deceased the assailants fled away from the scene of occurrence in a red jeep bearing No.
All these appeals are directed against companymon judgment of the Rajasthan High Court by which the appeals preferred by eight accused persons including present appellants were disposed of.
Ramesh Kumar inflicted several blows on the abdomen of the deceased with knife and others belaboured him with hockies, iron rods and pipes.
