JODHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 19.01.2016 passed by the High Court of Judicature for Rajasthan, Jaipur Bench in DB Criminal Appeal No. 549 of 2012 by which the High Court has confirmed the conviction of the appellants herein - original Accused Nos. 1 and 12 for the offences punishable under Section 302 r/w Section 149 of the IPC, the original Accused have preferred the present appeal.

(2.) By the impugned Judgment and Order, the High Court has acquitted the respondent herein Bhanwar Lal - Original Accused No. 3. Therefore, the State has preferred an appeal against his acquittal.

(3.) The case of the prosecution is that on 22.5.2005 in the night at 9.30 P.M., in the revenue estate of village Kadiayavan, 14 persons namely Jodhraj s/o Mathura Lal, Hemraj s/o Birdhi Lal, Bhanwar Lal s/o Mathura Lal, Mathura Lal s/o Baldev, Dwarka Lal s/o Ram Narayan, Dev Kishan s/o Ram Narayan, Prakash @ Om Prakash s/o Birdhi Lal, Naval @ Naval Kishore s/o Birdhi Lal, Badri Lal s/o Kanwar Lal, Ram Prasad s/o Narayan @ Ram Narayan, Prabhu Lal s/o Bridhi Lal, Jagdish Prasad s/o Mathura Lal, Ram Dayal s/o Ram Narayan and Pooran Mal s/o Ram Narayan, constituted unlawful assembly and caused injuries to Hariram, as a result of which, on the intervening night of 22nd May and 23rd May of 2005, Hariram died.