BADRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. Since both appeals arise out of common judgment dated 21.9.1982 passed by Sessions Judge, Tonk in Sessions Case No. 28/1982, therefore, they are being disposed of by this common judgment.

(2.) Briefly stated the facts of the case are that a Parcha Bayan, Exhibit P-1, of PW. 1, Narain was recorded on 21.4.1982 at 13.00 hours by PW. 8, Pushkar Dutt, Circle Officer, Tonk, Camp Piplu, wherein it was alleged that yesterday at about 7.00 P.M. some quarrel took place between ladies and children of accused and complainant party. On hearing hue and cry, accused person Badri came and inflicted a lathi blow on the head of Bajranga. Badri again inflicted another blow above the eye on the person of Bajranga. Thereafter, Kajod also inflicted an injury by lathi on the head of Bajranga, Bajranga fell down and thereafter accused persons namely Fatha son of Bhura and Choga son of Gopal also inflicted injuries by lathies on head, mouth and eyes of Bajranga. Bleeding started from the nose and mouth of Bajranga and he became unconscious. Bajranga was taken to hospital but he succumbed to his injuries.

(3.) On the basis of above Parcha Bayan, F.I.R. No. 27/1982 under Section 302/34 IPC was registered at Police Station Piplu District Tonk. During investigation, the accused persons were arrested and after completion of investigation, a charge-sheet was filed against four accused persons namely (1) Badri S/o Putha; (2) Kajod S/o Putha; (3) Choga S/o Gopal and (4) Fatha S/o Bhura for the offence under Section 302 and 302/34 IPC in the Court of Chief Judicial Magistrate, Tonk, who committed the case for trial to the Court of Sessions Judge, Tonk.