BHIKHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Addl. Sessions Judge No. 2, Jodhpur, vide his judgment dated 10 -11 -1976 rendered in Sessions Case No 54/74 has convicted appellant Bhika of an offence Under Section 302, IPC and has sentenced him to under go imprisonment for life. He has convicted Bhika of offence Under Section 148 IPC and has sentenced him to rigorous imprisonment for nine months and to pay a fine of Rs. 50/ - and in default to undergo further rigorous imprisonment for two months. He has also convicted him of offences Under Sections 325 and 323 read with 149, IPC but has refrained from passing any separate sentences on these counts.

(2.) APPELLANTS Mohabbat Singh, Ganpat Singh, Jethia, Gunia Rama, Bena Ram, Aasu Ram, Deva Kam Gayad, Jai Ram and Ugia have been convicted by the same judgment for offence Under Section 148, IPC and each one of them has been sentenced to under go rigorous imprisonment for six months and to pay a fine of Rs. 10/ - and in default to under go further imprison -ment for one month. Each one of them has been convicted of an offence Under Section 325 read with 149, IPC and has been sentenced to undergo imprisonment for one year and to pay a fine of Rs. 20/ -and in default, to undergo further imprisonment for one month. Each one of them has been further convicted of an offence Under Section 323 read with 149, IPC but no separate sentence has been passed on this count. Aggrieved they have come in appeal.

(3.) DEVI Lal after recording the FIR, proceeded to the spot and the next morning i.e. 8 -7 -74, he prepared a site plan Ex. P. 47 and its legend Ex. P. 40. He examined the dead body and prepared a memo Ex. P. 41 the same day. He also prepared a Panchnama Ex. P. 42 in this regard and recovered blood stained and control soil vide Ex. memos P. 43 and P. 44.