RAJU & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the order of conviction dated 9.6.1983 passed by learned Sessions Judge. Pratapgarh (Camp Chittorgarh) in session case No. 83/81 whereby, the learned Judge has convicted the accused under section 147, 447 and 307/149 I.PC. and sentenced them for one year R.I.

(2.) With the assistance of the learned counsel for the accused and the learned Public Prosecutor for the State, I have scrutinised the record and reappreaciated the evidence on record.

(3.) The prosecution story as disclosed on reappreciation of the evidence is that; on 14.6.1980 at about 8.30 a.m., Balu lodged a written report at P.S. Parsoli to the effect that in the night of 13.6.1981, Kana, complainant's younger brother was sleeping in the 'bera' for watching the bullocks, Due to animosity, Harikishan, Dev Bux, Raju Ugama and Chhoga armed with lathis, entered the Bera and tied the hands and feets of Kana and took him to a well of one Badri Das Bairagi and threw him into it. On the next morning when Badri Das went to his well for taking bath and dipped a bucket into the well, the bucket was caught by somebody, thereupon, Badri Das went to the village and informed the villagers that a man has fallen in his well. On this information, 10-15 villagers went to the spot and took out Kana from the well. Kana was unconscious. It was further stated by the complainant that he was informed by Heera and Bhola about this incident.