GADA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal owes its origin in the judgment dated August 01, 1997 of the learned Additional Sessions Judge, Kotputali, District Jaipur, whereby, the accused appellants were convicted and sentenced for having committed the murder of Kanha and Sultan, as under:- 1. Accused appellants Gada Ram and Kailash Under Sections 302 of the Indian Penal Code. Imprisonment for life with fine of Rs. 100/- each in default, to further suffer three months' rigorous imprisonment. Under Sec. 147, 148, 324, 149, 323/149 of the Indian Penal Code. Rigorous Imprisonment for one year for each of the offences. Under Sec. 325/149 of the Indian Penal Code. Rigorous Imprisonment for two years each and a fine of Rs. 200/- in default, to further suffer one months' rigorous imprisonment each. Under Sec. 447 of the Indian Penal Code. Simple Imprisonment for three months' each. Accused appellants Jahara, Jagannath, Bhagaram, Ram Karan, Mohru, Smt. Geeta, Smt. Rewati and Smt. Mewali. Under Sections 302/149 of the Indian Penal Code, Imprisonment for lie with fine of Rs. 1000/- in default, to further suffer three months' rigorous imprisonment. Under Sec. 147, 148, 324, 149, 323/149 of the Indian Penal Code. Rigorous imprisonment for one year each. Under Sections 325/149 of the Indian Penal Code. Rigorous imprisonment for two years each and a fine of Rs. 200/- in default, to further suffer one month rigorous imprisonment. Under Sec. 447 of the Indian Penal Code three months simple imprisonment.

(2.) ALL the sentences are directed to run concurrently.

(3.) IT is further contended that the land in dispute was in possession of accused appellants Gada Ram and the complainant party came to the land in order to take forceful possession of the same. The complainant party assaulted appellants Gada Ram and his son Kailash. The possession of the accused appellants is also borne out from the documents namely order or temporary injunction, Ex. D. 25, Agreement, Ex. D. 5, Will, Ex. D. 6 and "bahi" (Account book) Ex. D. 3.