KEEKIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED appellants Keekiya and Rama have filed this joint jail appeal against the judgment and sentence dated 9. 1. 1997 delivered by Special Judge, SC/st Act Cases, Udaipur in Sessions Case No. 52/95, By the impugned judgment both the accused appellants have been convicted u/sec. 302 read with Sec. 34 IPC and were awarded life imprisonment alongwith a fine of Rs. 1000/- each. In default five months' simple imprisonment was also awarded.

(2.) THE short facts are that on 30. 5. 1995 at about 6. 00 P. M. at village Mandkala one Smt. Amri placed cow dung on a disputed land which was objected to by both the accused appellants. When Amri did not heed to their request they gave besting to her, the hue and cry raised by Amri attracted her son Kania (since deceased) as also her husband Bhagla PW-2. Both the accused appellants met Kania infront of the house of Bhera and gave lathi blows to him by which kania fell down. In the meantime, Bhagla PW-2 also reached nearby. He too was given beating by both the accused appellants. After the occurrence both the accused appellants proceeded to their residence.

(3.) ON the contrary, learned Public Prosecution has supported the judgment and sentence awarded by the trial court.