NANDA AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal appellants Kedar, Kalyan, Meethiya and Nanda have called in question the judgment dated 23rd of Nov., 1994 of the learned Additional and Sessions Judge, Gangapur City whereby he convicted them under Sec. 148, 302 Penal Code and sentenced each of them to undergo one year rigorous imprisonment and a fine of Rs. 100.00 under the first count and imprisonment for life and a fine of Rs. 500.00 under the second count.

(2.) The case relates to an occurrence which took place on 16th of Feb., 1993 at about 8.00 or 8.30 a.m. in village Jiyapur. The prosecution case, as stated in First Information Report Ex. P/15 lodged by Tahir PW 4, was that there was dispute as to the agricultural land between Faiyaz on one side and Meethiya on the other and that in order to get the matter settled Meethiya had taken Faiyaz to his village and Khalil Ahmed, Asrar Ahmed, Javed Akhtar and Farman were with them. It was stated that at village Jiyapur, many assailants including Kalyan, Meethiya, Nanda and Kedar inflicted injuries to Faiyaz by sharp edged weapons and caused his death. On that report, a case under Sec. 148, 302 Penal Code was registered. After the completion of the investigation, the police submitted a challan against 15 persons including four appellants.

(3.) The trial court framed charges under Sec. 147, 148, 149, 302, 301 Penal Code against all the 15 accused. The prosecution examined PW 1 Asrar Ahmed, PW 2 Javed Akhtar, PW 3 Farman, PW 4 Khalil Ahmed, PW 5 Kailash, PW 6 Sheela, PW 7 Badri, PW 8 Faiyaz, PW 9 Jamil Kha, PW 10 Narendra Kumar Sharma, PW 11 Bhim Singh, PW 12 Dr. Mohan Lal Sharma, PW 13 Himmat Singh, PW 14, Thhir, PW 15 Badri Narain, PW 16 Kawar Dev, PW 17 Ashok Kumar, PW 18 Jai Singh, PW 19 Mahaveer Prasad, PW 20 Chotalal, PW 21 Tarachand. The accused in their statements recorded under Sec. 313 Crimial P.C. denied accusation. They examined 3 witnesses viz. Jagdish Narain, Sawaram and Kishore Singh in defence. After hearing the arguments of the learned counsel for the parties, the trial court held that the prosecution was not successful in proving the charges against 11 accused persons. He, therefore, acquitted 11 accused of all the offences charged with He however, convicted 4 appellants under section 148 and 302 Penal Code and sentenced them as stated above.