MURLI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal is at the instance of two accused persons, who stand convicted of the offences under Section Maharashtra Control by Trial Court and the High Court. As many as seven persons were tried for the offences under Sections 147, 148 & Sections 325 and 323 read with Section 149 of the Indian Penal Code (hereinafter referred to as "IPC" for short) on the allegation that they formed an unlawful assembly and in pursuance of the common object thereof, committed murder of Virendera Singh (the deceased), who was serving as a Patwari. In that process, one Lokendra Singh, his brother, was also injured.

(2.) Initially, the Sessions Judge convicted accused Murli (A-1), Heera (A-2), Bheru (A-3), Mohan Lal (A-4), Chhittar (A-5), Kanwar Lal (A-6) and Bhanwar Lal (A-7) for the offences for which they were charged. Three separate appeals came to be filed on behalf of the accused, they being D.B. Criminal Appeal No. 248 of 2000, D.B. Criminal Appeal No. 252 of 2000 and D.B. Criminal Appeal No. 309 of 2000. The High Court, ultimately, allowed the D.B. Criminal Appeal No. 248 of 2000 and D.B. Criminal Appeal No. 309 of 2000. The High Court dismissed the D.B. Criminal Appeal No. 252 of 2000 filed by Murli (A-1) and Heera (A-2), but allowed the same insofar as Chhittar (A-3) was concerned. We are, therefore, concerned only with two accused persons, i.e., Murli (A-1) and Heera (A-2), who are the appellants in the present Appeal, the rest of the accused having been acquitted by the High Court.

(3.) The prosecution story, in short, is as under.