KHOMCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25th September, 1979 passed by the learned Sessions Judge, Banswara, by which appellants were held guilty and sentenced as under:

(2.) BRIEFLY stated, the prosecution case giving rise to the trial of the appellants, their conviction and sentences and the present appeal are that on 18 -3 -1979 at about 9 p.m. when Valchand was sleeping in the house, the five appellants armed with lathies, Dhariya and Axe went outside his house and called him, when he came out with a torch, a lathi blow was given by Bhanji. Khomchand caused injury with Dhariya, Roopa, with an axe and Bhima with lathi. The allegation against appellant Magan is that he caught hold of Val Chand raised a cry which attracted the attention of his father Premji who was sleeping in a Chhapra nearby, about 50 to 100 parsons present at the place where Holi was burnt, reached the site. Veer Singh took Valchand to Police Station, Kushalgarh. Valchand lodged the report which was scribed by one constable. The injuries of Valchand were examined by Dr. Padamchand Jain (PW 6), Medical Officer, Government Hospital, Kushalgarh. The doctor noted following injuries on the person of Valchand;

(3.) I have heard Dr. R.K. Soni, learned Counsel for the appellants and Mrs. Kamlesh Joshi, learned Public Prosecutor for the State.