DAULA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal filed under Section 374 of the Code of Criminal Procedure ('the Code', for short) is to the correctness of the judgment and order dated 13.08.1985 rendered in Sessions Case No. 70 of 1983 by the learned Addl. Sessions Judge No. 1, Hanumangarh, by which accused-appellants Daula alias Daulat Ram, Mander Singh, Brij Lal, Satya Narayan, Devi Lal and Shokaran ('accused A-1 to A-6', for short) have been convicted for commission of the offence under Section 302/149 of the Indian Penal Code ('IPC', for short) and sentenced to imprisonment for life. Accused A-3 Brijlal and A-6 Shokaran have also been convicted for the offence under Section 148 IPC and sentenced to rigorous imprisonment for two years and accused appellants Daula alias Daulat Ram, Mander Singh Satya Narayan and Devilal,(respectively A-1, A-2, A-4 & 5) have further been convicted for the offence under Section 147 and each one of them have been sentenced to suffer rigorous imprisonment for one year. All the sentences have been ordered to run concurrently.

(2.) The prosecution case, as disclosed from the FIR and unfolded during trial is as under:

(3.) At the outset, it be stated that accused A-2 Mandar Singh, A-4 Staya Narayan & A-5 Devi Lal have died during the pendency of the appeal, therefore, appeal filed on their behalf has been abated vide order dated 25.0 1.2010. Therefore, we have to examine the appeal filed by remaining accused, A-1 Daula, A-3 Brij Lal and A-6 Shokaran.