DEVKARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Five accused persons were tried by the learned Sessions Judge, Merta, in the State of Rajasthan for various offences punishable under the Indian Penal Code, the main offence being under Section 302 read with Section 149 of the Indian Penal Code, 1860 (for short "I.P.C."). All the accused persons were found guilty of offences punishable under Section 323, I.P.C. and Section 452, I.P.C. Each of them was sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 323, I.P.C. and two years rigorous imprisonment under Section 452, I.P.C. All the accused persons filed an appeal challenging their conviction and sentences. The State of Rajasthan also preferred an appeal against the acquittal of these accused for the offence punishable under Section 302, I.P.C. read with Section 149, I.P.C. During the pendency of the appeal before the High Court, the first accused Bhagirath, died and his appeal abated. The High Court, by a common judgment, held that the second accused Devkaran, is guilty of offence punishable under Section 302, I.P.C. and the other three accused Kana, Sangram and Ram Karan, were found guilty of offences under Section 302, I.P.C. read with Section 34, I.P.C. They were also found guilty of other minor offences for which they were charged. The accused persons have filed this appeal challenging their conviction and sentence.

(2.) We have heard the learned Counsel for the Appellants and the learned Counsel for the State.

(3.) Bhagirath, since deceased, was of father of the four Appellants herein. It appears that there was a property dispute between Bhagirath and his brothers Jawana Ram and Dhanna. Some time prior to the incident on 20.12.1977, a heap of "murda loong" had been collected on the disputed land. The accused persons came to this place and started to remove the leaves therefrom. Jawana Ram raised objection and the accused persons started beating him. Dhanna, brother of Jawana Ram, came there and tried to pacify the assailants. the accused persons then started beating him. According to the prosecution, the first accused Bhagirath, gave a blow of lathi on the head of Dhanna and he fell down. Thereafter, the accused Devkaran gave a blow of lathi on his head and all other accused started beating him. The accused Devkaran beat Jawana Ram and also trespassed into the house wherein Sugnai was there and she was also beaten by him. The injured Dhanna, Jawana Ram and Sugnai were taken to the hospital at Ajmer and on the way, Dhanna died.