STATE Vs. KUNJ BIHARI LAL

JUDGEMENT

(1.) Ten accused persons, viz., Bharti Ram, Satya Narayan alias Satya Prakash, Kunjbiharilal, Premdas, Nathu Singh, Birdha Ram, Mohanlal, Shyamlal, Pratap Singh and Bhanwarlal (accused A-1 to A-10 respectively, for short) were charged and tried by the learned Sessions Judge, Jodhpur, in Sessions Case No. 109 of 1982 for the offence under Sec. 302, 302/149, 147, 323 of the Indian Penal Code ('IPC', for short), on the accusation that on 06.07.1982 at 10:30 PM, they formed an unlawful assembly armed with weapon lathi with a view to take revenge in connection with some dispute about the cycle stand between deceased Bora Ram, and accused A-1 Bharti Ram and A-2 Satya Narayan assaulted Bora Ram Choudhary, Babu Ram and Sardar Jaspal Singh by giving lathi blows while the remaining accused gave lathi blows to them, as a result of the same Bora Ram died.

(2.) At the end of trial, accused A-1 Bharti Ram and A-2 Satya Prakash were found guilty of the offences under Sec. 147, 302/149 and 323 IPC for committing murder of Bora Ram Choudhary and causing injuries to Babu Ram and Sardar Jaspal Singh and both of them were sentenced to imprisonment for life and fine of Rs.200, in default of payment of fine further six months' rigorous imprisonment for the offence under Sec.302/149 IPC, one year's rigorous imprisonment for the offence under Sec.147 IPC and six months' rigorous imprisonment for the offence under Sec.323 IPC. So far as remaining accused A-3 to A-10 are concerned, they were not found guilty and therefore they were acquitted of the offences with which they were charged.

(3.) Aggrieved by the impugned judgment and order, accused A-1 Bharti Ram filed D.B. Criminal Appeal No. 323 of 1985 and accused A-2 Satya Prakash filed D.B. Criminal Appeal No.322 of 1985 with the aid of Sec.374 of the Code of Criminal Procedure ('Code', for short) challenging conviction and sentence recorded against them whereas the State of Rajasthan has filed D.B. Criminal Appeal No. 139 of 1986 with the aid of Sec.378 of the Code against remaining 8 accused i.e. A-3 to A-10, challenging their acquittal of all the offences with which they were charged.