STATE OF RAJASTHAN Vs. HAR LAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Both the appeals are directed against the common judgment and order dated 9th December, 1981 passed by the learned Ses- sions Judge, Sikar, in Sessions Case No. 11/ 1981 therefore, both these appeals are be-ing disposed of by this common judgment.

(3.) Briefly stated the facts of the appeals are that written report Ex. P.4 was lodged by Richpal S/o Hardeva Ram PW.3 at Po-lice Station Raghunathgarh in respect of death of his wife Smt. Dadki due to injuries alleged to have been inflicted by accused Har lal by knife. FIR No. 112/1980 (Ex. P.5) was registered under Sections 302, 323, 148 and 149 IPC. Concerned police com-menced investigation and arrested five ac-cused persons. After completion of investi-gation the Police filed challan against five accused persons namely, Chandra Ram S/o Hanuman, Bhagwan Singh S/o Hardeva Ram, Mohini W/o Bhagwan Singh, Har lal S/o Chandra and Bhagwani W/o Chandra Ram. The accused were committed for trial to the Court of Sessions Judge, Sikar where charges against accused Har lal for offences under Sections 148, 302 and 324 IPC and against remaining accused persons for the offence under Sections 302/149,324/149 and 147 IPC were read over. They denied the charges and clalmed trial. The prosecution, in support of its case, examined 8 witnesses and also produced documentary evidence. Thereafter the statements of the persons were recorded under Section 313 Cr.P.C. In defence, statements of three witnesses were recorded. Learned trial Court, after consid-ering the entire record as well as the sub-missions of counsel for both the sides vide its judgment and order dated 9th Decem-ber, 1981 acquitted all the accused persons the charges under Sections 302, 302/149, 148 and 324/149 IPC but convicted accused Harlal for offences under Sections 304 Part II and 324 IPC and sentenced him to un-dergo rigorous imprisonment for seven years and rigorous imprisonment for one year respectively. Being aggrieved with the judgment of conviction and order of sentence, accused Har lal has preferred S,B. Criminal Appeal, No.9/1982 and being ag-grieved with the order of acquittal of the accused persons from the offences under Sections 302, 302/149 and 324/149 IPC, the State filed an application for leave to ap-peal. This Court, vide order dated 30th Au-gust, 1982 refused leave against accused persons namely, Chandra Ram, Bhagwan Singh, Smt. Mohini and Smt. Bhagwani but granted leave to appeal only against accused Har Lal. Therefore, the State appeal was preferred against accused Har lal only.