SHERJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants in this case, 14 in number, have been convicted by the learned Additional Sessions Judee, Churu, under sections 147, 148, 323, 319, 324, 149, 325, 149 and 326, 149 of the Indian Penal Code and sentenced to various terms of imprisonment and fine.

(2.) The salient facts of the case of the prosecution may be stated here. On Oct. 10, 1969, at 3 p.m., Champalal (PW. 3) made an oral report at Police Station Bhanipura, District Churu, that earlier that morning at about 8. 30 a. m. at Mauja Mehri near the residential houses of Banji and Jasji, he was intercepted by all the 14 appellants and are Magji who died during the trial and that they inflicted a number of blows to him with their respective weapons. Kesari Singh. Sheonarain, and Maliya who were armed with spears and Delu and Mohan Singh who were armed with swords, used these weapons in inflicting injuries to him and to other who came to his rescue. The other 10 accused, who were armed with clubs also participated in the commission of this crime. Hearing hue and cry raised by Champalal, Jivraj Singh (PW. 1), Bhagwan Singh (PW. 2) Hariram (PW. 4). Narain Singh (PW. 5), Bhanwar Singh (PW. 6), Bahadur Singh (PW. 7) and a number of other persons including Banji, Fateh Singh and Panji arrived there. The complainant further told the police that most of these persons who came to his rescue were also attacked and injured by the accused persons.

(3.) The police registered a case (F. I. R. P. 4) under sections 307-149, 324-149, 325-149 and 148 I. P. C.