RAGHUNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Raghunath, son of Godaram, of Village Surani, under Police Station-Thoi, District-Sikar, has been convicted by the Sessions Judge, S'kar, by his judgment dated Mar. 7, 1979, for offence under section 326, IPC, and has oeen sentenced to three years rigorous imprisonment. Apart from Raghunath, Cbauthu, son of Surja, was found guilty of offence under section 323 Penal Code but, he was granted the benefit under section 4 of the Probation of Offenders Act 1958, and was released on his furnishing of the requisite bonds. Raghunath has filed this appeal against his conviction and sentence, in this Court.

(2.) The appeal had come up before Honourable D. L. Mehta, J. on May, *88. The learned Judge observed that there was a finding that Raghunath had inflicted a 'Farsi* blow, resulting in the death of Malaram, but there was no order of acquittal or conviction in the judgment of the Sessions Judge, in relation to accused under section 302 or in the alternative, under section 302/149, IPC; and that the Public Prosecutor stated that it was a fit case in which notice should be issued to appellant Raghunath as to why he should not be convicted under section 302 IPC, or under section 302/149, Penal Code and 307 of the said Code. That is how, this appeal has come up before a Division Bench of this Court.

(3.) Malaram, son of Ganpat, was the deceased, who is said to have been murdered as a result of the injuries inflicted on his body, by Raghunath appellant and other persons, who were accused in the case. The other persons injured during the course of the incident were Lalchand, son of Ganpat (PW2); Smt. Gulabi, daughter of Ganpat (PW4); and Babulal PW3. Five persons were accused in this case; and they were Raghunath appellant and his son Rameshwar; Surjaram, brother of Raghunath and his son Chouthu; and one more person. Sultan, who was reported to be absconding, and against whom, proceedings under section 299, Crimial P.C., were pending.