GANPAT DASS & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by six accused-appellants against the judgment of conviction and sentences passed against them by learned Additional Sessions Judge, Nagaur on 11.9.1995 for various offences under Indian Penal Code. Each one of them was convicted and sentenced as follows: <FRM>JUDGEMENT_97_LAWS(RAJ)4_2000_1.html</FRM> All the sentences were ordered to run concurrently.

(2.) Briefly stated, Ramu Das lodged first information report at Police Station Jayal on 16.7.1992 to the effect that at about 5.00 p.m. he alongwith his wife Bhanwari, son Jetha Ram, nephews Manak Das, Banwari, Sundaram and Gokul Das was sitting at his dhani. Gokul Das had gone to ease. The complainant saw that Ganpat Das and six other persons were constructing a 'tapri. Gokul Das asked them not to carry on that work. Then all of them gave beatings to Gokul Das. Gokul Das made hue and cry. Thereupon Chain Das, Satya Narain, Kesar, Lichhma, Sita and Chaina Ram came. They were armed with pharsi, ballam and lathis. They also started beating the complainant party. It were Gokul Das and Sunda Ram who suffered injuries on their heads and were serious.

(3.) A case under sections 147, 148, 149, 447, 323 & 307 Penal Code was registered vide Ex.P/57. Investigation was started, injured persons were admitted in hospital where Gokul Das succumbed to his injuries and on 19.7.1992 his post-mortem was performed by Dr. V.K. Mittal. Then Sec. 302 Penal Code was added. After investigation police submitted challan against the appellants as well as accused-Sohan Das, Ram Narain and Munna Das. The last named three persons have been acquitted by learned Additional Sessions Judge. The charges were framed by the learned Additional Sessions Judge and the accused-appellants denied their indictment when they were read over to them. Then prosecution examined 33 witnesses in support of its case. Accused-appellants were examined under section 313 Crimial P.C. They have produced five witnesses in their defence. Learned Additional Sessions Judge, after hearing both the parties, convicted and sentenced the appellants as stated above.