RANGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 24thof January, 1980. passed by the Sessions Judge, Banswara by the learned 5 Sessions Judge, convicted the appellants under section 307 I. P. C. and awarded a sentence of 2 years' rigorous imprisonment,and a fine of Rs. 50/- each and default of payment of fine to further undergo one month's simple imprisonment

(2.) THE incident which led to the prosecution of the appellant along with one Bheru took place at about 3. 30 P. M. in a fair held at Nanakatwala. P. W. 1 Veer Singh along with his friend Nathulal and Kanhaiyalal had gone to see the fair at about 12 in the noon. At about 3. 30 P. M. accused Bherusingh caught hold of the collar (fent) of the complainant by asking "why you/did the same thing with him", whereupon Nathulal asked the accused Bherusingh not to raise quarrel, but in the mean time accused Range and Koja started throwing stones towards them which hit Nathulal on his head and back. Accused punja tried to inflict injury by sword to Nathulal, which hit on his left hand. Nathu raised his left hand and caught that sword, but Punja snatched the sword. Accused Bherusingh and Ranga inflicted injury by lathi and stones. THE report of this incident was lodged by P. W. I Veersingh at Police Station, Bhukia, and on the basis of which case under section 325, 324, 323 and 160 I. P. C. was registered and police after necessary investigation, presented the challan in the Court of Munsif and Judical Magistrate, Frist Class, Kushalgarh, who committed the accused for trial to the Court of Sassions Judge, Banswara. THE prosecution, in support of its case, examined 8 witnesses, out of which P. W. I Veersingh, P. W. 2 Nathulal and P. W. 3 Kanhaiyalal are the 3 eye-witnesses. THE accused, in their defence, produced injured witness Champa. THE case of the defence is that Champa, along with accused Bhursingh and Ranga, had gone to see the fair and at that time Nathulal inflicted a sword injury on the neck of Champa and on receiving the injury Champa fell down. Several persons collected there and gave beating to Nathulal, and in the mean while Bherusingh and Ranga took away Champa to the Police Station and lodged the first information at the police Station. Case relating to that incident was also pending before the learned Sassions Judge when he decided the present case. Counsel for the appellant as well as the public prosecutor are not in a position to inform the Court what has happaned in that case. THE learned Sessions Judge after trial believed the prosecution version and placed reliance over the testimony of the three eye-witnesses P. W. 1 Veersingh, P. W. 2 Nathulal, P. W. 3 Kanhaiyalal and the other witnesses produced by the prosecution and found the present appellants guilty under section 307 I. P. C. but the learned Sessions Judge, however, acquitted Bherusingh as the witnesses have not ascribed any part to accused Bherusingh.