RAMKARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed on behalf of 12 accused persons. The appellants along with three others were tried for offences punishable under S. 302, 323, 325/149 and 447 Indian Penal Code. The trial court acquitted two of them of all the charges and convicted the rest under S. 304 (2/149, 323/149, 325/149 and 447 Indian Penal Code and sentenced each of them to undergo five years' RI and other sentences. All the sentences were directed to run concurrently. During the pendency of the appeal in the High court one of the accused, namely, Nathu died. Twelve appellants preferred an appeal and the State also preferred an appeal against the acquittal of the murder charge. The High court while dismissing the appeal filed by the State confirmed the conviction as awarded by the trial court. Hence the present appeal.

(2.) The prosecution case is as follows: The accused and the material witnesses of whom some are injured and the deceased belonged to Kishanpuravillage. Public Witness 5, Madho, lodged a report on 29/7/1972 alleging that they had a field in which they raised a boundary wall about a month back and on that day while his brother, his nephew and he himself were harvesting crops, they heard a noise and they saw the accused persons demolishing the boundary wall and they also saw some of the accused persons inflicting injuries on the deceased and other attacking the other witnesses. when pw 5 reached that place, two of the accused Johari and Hanuman gave him a lathi blow. After inflicting these injuries the accused left the place. The injured and the witnesses went to the police station and lodged a report. A case was registered and investigation commenced. The deceased, Shrilal, succumbed to his injuries. The doctor who conducted the post-mortem found eight injuries out of them the first injury was lacerated wound on the parietal region and rest were all abrasions and swellings either on the fingers or on the hands. The injured witnesses were also examined for their injuries. On them also, the doctor who examined found some abrasions and wounds. The accused were arrested and after completion of the investigation the charge-sheet was laid.

(3.) It appears during the same occurrence some of the accused persons also received injuries and they also gave a report and a case was registered.