DEPUTY Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by two accused, Deputy and Madho, who have been convicted by the Additional Sessions Judge, Dholpur, on the 12th May 1930 under sec. 304 (part 1)I. P. C. , and sentenced each to undergo seven years' rigorous imprisonment and a fine of Rs. 200/- or six months' further rigorous imprisonment in default of its payment.

(2.) THE facts of this case are that several accused were challaned by the police in the court of the Magistrate, First Class, Dholpur. It was alleged against them that on account of a previous enmity with Gotai Gushain resident of village Nadoli, they formed themselves into an unlawful assembly, reached his house on the 25th October 1949, dragged him out of it on the road and four of them, namely, the two appellants Deputy and Madho, Birsingh and Motia beat him with lathis, while the rest, who were 19 in number, remained standing nearby. THEreafter Gotai Gushain was wrapped up in a khol, taken to the chopal of Mahipal Thakur and left there. Two villagers Bhola and Mansa lodged a report of this occurrence at the police station Rajkhera the same day. Two constables Zaminulhasan and Sujan-singh took him to the police station at Rajkhera and from there he was removed to the hospital the same day. It is said that he was alive by the time he reached the hospital but he died there the next morning at about 2 A. M. THE dead body was then sent to the hospital at Dholpur where its post-mortem examination was held on the 27th October 1949. THE Magistrate, who conducted the preliminary enquiry, committed the accused Deputy and Madho and Motia under sections 147 and 302 read with section 34 I. P. C. and 11 other accused under sections 147 and 302 read with sec. 149 I. P. C. to stand their trial-in the court of the Additional Sessions Judge, Dholpur. THE fourth person Birsingh, who was also alleged to have taken part in beating Gotai Gushain, was reported to be absconding. THE Additional Sessions Judge acquitted all the accused, except the two appellants, who have come before us.