MOHANLAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by four appellants, two of whom Mohanlal and Parbhati have been convicted under Section 308 Indian Penal Code and sentenced to three years' rigorous imprisonment and the remaining two Mangoo and Bissa have been convicted under Section 323 I. P. C. and sentenced to six months' rigorous imprisonment.

(2.) THE prosecution case, as disclosed in the First Information Report lodged by one Bhagwatsingh, cousin brother of the injured Gulley with the Police Station, Dig at about 3-30 p. m. on 4-10-1957 within six hours of the incident, is as follows:

(3.) ON 4th October, 1957, when the first informant Bhagwatsingh was in the jungle, six persons Mohanlal, Mangoo, Parbhati, Bissa, Handoo and one unnamed son of Ramchand, Gujars of Pasopa within the police Station, Dig having concerted, assaulted his cousin Gulley when he was returning after taking his bath in the Pokhar near the Poli of Ramhet. He was beaten by lathis very mercilessly and ultimately was given up for dead. When the informant returned to the village at 11 a. m. he saw his cousin Gulley, who was in a very serious condition. There were hundreds of injuries on his person and his skull had been broken and that he was in a dying condition.