STATE Vs. JHANDU RAM

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dated 01.4.1981 passed by the Addl. Sessions Judge, Nohar whereby the learned Judge acquitted all the accused respondents of offence under Sections 302, 302/149 I.P.C. However, the learned Judge convicted the accused appellants in S.B. Criminal Appeal No. 302/81 of offence under Sections 148 and 325/149 I.P.C. Each of the accused appellants have been convicted of offence under Section 148 I.P.C. and sentenced to one year's R.I. and to pay fine of Rs. 1000/ - in default of payment to further under go 6 months' R.I. The appellants have also been convicted of offence under Section 325/149 I.P.C. and sentenced to 4 years R.I. and to pay fine of Rs. 1000/ - in default of payment to further undergo 6 months' S.I. All the sentences have been ordered to run concurrently. The State has challenged the acquittal of the accused respondents of offence under Sections 302, 302/149 I.P.C. Thus, both the appeals arising out the same judgment are heard and disposed of by one common judgment.

(2.) THE prosecution case briefly stated is that there was some dispute between the complainant party with the accused persons with respect to the plots and water. The deceased Banwari Lal belongs to the complainant party. It is alleged that on the fateful date i.e. on 08.12.1979 at about 10 p.m. while deceased Banwari Lal was sleeping in his house, the accused respondents came to his house and gave a call, whereupon, the deceased Banwari Lal cam out. As soon as he came out. The accused respondents Jhandu, Moola and Bhadar catch hold of him and dragged to a distance of nearly 150 feet. All the accused respondents started be labouring the deceased with lathis. It is also alleged that the accused Sahi Ram, Rameshwar and Ramjilal were armed with fire arms. The deceased raised a cry which attracted the eye witnesses PW/3 Sunder, PW/6 Sita Ram, PW/2 Om Prakash, PW/5 Sarbati and PW/4 Mandotri. The other witnesses PW/1 Godu Ram and PW/6 Pota Ram were already there. They tried to rescue the deceased but, they were also given beatings. Deceased Banwari received 8 injuries including 2 grievous injuries on the head, which in the opinion of the doctor were sufficient in the ordinary course of nature to cause death. The ladies tried to cover up Banwari Lal and in that process Sarbati PW/5 received 5 injuries. Mandotri PW/4 received 1 injury. Sunder PW/3 Sundar and Tora Ram PW/6 also received injuries on their person. Banwari Lal succumbed to injuries F.I.R. of the incident was lodged on 08.12.1979 at about 4.45 A.M. The police proceeded with the investigation. During the investigation, the accused persons were arrested and the weapons of the offence were recovered. After usual investigation, police laid chargesheet against 16 accused persons. Supplementary chargesheet was filed adding three more accused persons.

(3.) I have heard learned Public Prosecutor and the learned Counsel appearing for the accused respondents challenging their conviction of offence under Section 325/149 I.P.C.