SOHAN LAL & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By The Court (Oral):- The appellants Jaswant, Murari Lal and Sohan Lal were arrayed before the learned Additional Sessions Judge, Behrod, District Alwar, for having committed the murder of Jaswant S/o Dhansi Ram in Sessions Case No. 10/1995. The learned Trial Judge found all the three accused appellants guilty for offence under Sec. 302 and 447 of the Indian Penal Code and convicted and sentenced each of them under Sec. 302 I.RC. to suffer imprisonment for life and a fine of Rs. 1,000.00 and in default to, further undergo six months' simple imprisonment and under Sec. 447 I.RC., undergo one months' rigorous imprisonment and fine of Rs. 50.00 in default, to further undergo seven days simple imprisonment.

(2.) Against this judgment of conviction the present action for filing the appeal has been resorted to by the appellants. During the pendency of appeal, the appellant Sohan Lal was released on bail and it appears from the record that appellant Sohan Lal died on May 22, 2001. In view of the death of accused appellant Sohan Lal, we drop the proceedings against him.

(3.) Brief resume of the prosecution case is that on Nov. 17, SHeerie Rav Virendra Singh PW.1 submitted a written report (Ex.R1) to the S.H.O. Police Station, Shahjanpur, District Alwar, with the averments that at around 6.00 A.M. when he had gone to plough his field, he found Jaswant S/O Dhansi Ram (since deceased) standing on the 'Dol' (boundary wall) of the field and appellants Sohan Lal, Jaswant S/o Sohan Lal and Murari Lal S/o Sohan Lal armed with axes were quarrelling in connection with the 'dol'. Suddenly, Murari inflicted axe blow on the head of Jaswant and thereafter, Jaswant S/Q-Sohan Lal and Sohan Lal also inflicted axe blow on his head. PW.2 Udai Ram who was also ploughing his field intervened. Jaswant S/o Dhansi Ram was admitted in the hospital.