KRISHAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated June 3, 1980 of learned Addl. Sessions Judge, Ajmer in Sessions Case No. 73/79 (116/79) by which he acquitted the co-accused, namely, Smt. Rameshwari Devi, Jaikishan alias Misra and Bhagwan Singh alias Hira but convicted the appellants Krishna Kumar alias Lala and Ramesh Chand u/s 304 part II read with S. 34 IPC and sentenced one of them to undergo four years R. I. and to pay a fine of Rs. 1000/ -. In default of payment of fine each of the appellant was further required to undergo R. I. for six months.

(2.) THE prosecution case is that a minor daughter of the co-accused Rameshwari Devi was abducted by deceased Ghisu Singh on or about 22nd May 1979 and a report, Ex. P/14, was made at Police Station, Beawar. It is alleged that P. W. 12 Babudin and one boy came to the village of Ghisu Singh, deceased and asked him to go along with them to meet with Smt. Rameshwari Devi for the compromise in the abduction case. Deceased Ghisu Singh came at Beawar, along with PW-12 Babudin reached at Royal Takeez at about 10. 30 P. M. on August 25. 1979. It is alleged that co-accused Misra, Hira and other persons were standing there in the Royal Takeez. When Ghisu Singh came there, they caught hold of the deceased Ghisu Singh and then he was taken to the house of co-accused Rameshwari Devi, who is also called as "sethani" THE prosecution case further is that the deceased Ghisu Singh was assaulted there by the appellants and "sethani", i. e. Smt. Rameshwari Devi and on account of the injuries sustained by him, he became unconscious and that he was also beaten by the other Staff members.

(3.) ABRASION 1/3" x 1/3" posteriorly in mid portion.