MAFTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the case of murder of one Jagsi, resident of village -Suliva, trial was conducted against nine persons viz, Mafta, Narsa, Surta, Sona, Masunga, Shanti, Kastura, Raja and Karta by the sessions Judge, dirohi for the charges Under Sections 148, 302, 452, 157 and 302/149 I.P.C. Raja and Nava accused died during the pendency of the trial. Vide judgment dated July 21,1986 the learned Sessions Judge acquitted Sona, Masunga, Shanti and Kastura of the charges levelled against them. By the same judgment Mafta, Narsa and Surta were held guilty Under Section 304 Part -I I.P.C. and sentenced to imprisonment for life and a fine of Rs.100/ - in default of payment of fine to undergo one months R.I. each. They were also convicted Under Section 148 I.P.C. and sentenced to one years R.I. and a fine of Rs.100/ - in default of payment of fine to undergo one months R.I. each. Mafta was also convicted Under Section 452, I.P.C and sentenced to one year R.I. and a fine of Rs. 100/ - in default of payment of fine to undergo one months.R.I.

(2.) FEELING dissatisfied by their conviction and sentences the three accused viz. Mafta, Narsa and Surta filed appeal being No. D.B. Criminal appeal No. 313 of 1.986. They also filed appeal through the Superintendent, Central Jail, Udaipur bearing No. 23 of 1987. The State of Rajasthan preferred appeal -bearing No. 76 of 1987 against the acquittal of Sona, Masunga, Shanti and Kastura. As all the three appeals arise out of the same judgment we propose to decide them by one common judgment.

(3.) THE Doctor also found a number of bruises on the dead body. The cause of death according to the Doctor was shock because of original injury and haemorrhage due to multiple injuries and fracture of vartibra C5, C6, 7th and 8th rt,ribs. The other injuries were held to be contributory to it. The accused were arrested on July.22,1984 and in pursuance of information furnished by Mafts Narsa and Surta axes were recovered. On pursuance of the information furnished by the remaining accused laths were recovered.