SHARWAN LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants nineteen in number, were the accused on the file of the learned Additional Sessions Judge Baran bearing Sessions Case No. 63/1993. They were found guilty under sections 302/149, 307 and 307/149 of the Indian Penal Code convicted and sentenced as follows- <FRM>JUDGEMENT_134_LAWS(RAJ)3_2001_1.html</FRM> All the sentences had to run concurrently.

(2.) In the instant criminal appeals the accused appellants seek to set aside the impugned judgment of conviction and sentence passed against them by the learned Additional Sessions Judge Baran.

(3.) Briefly stated the facts leading to instant appeal are these. An FIR was lodged by one Jodhraj at Police Station Baran on Feb. 11, 1993 for the incident alleged to have taken place on the same day at about 12.00 noon. It was stated in the FIR that the accused persons 19 in number came to the house of Chauth Mai (deceased) and surrounded it. When Chauthmal came out, accused Ram Gopal inflicted sword blow on his jaw on account of which he fell down. Birdhi Bail came to his rescue, and accused Sharwan inflicted sword blow on her person. Accused Ram Gopal inflicted injury on the hand of Kalyani Bai by sword. Accused Balram opened fire by 12 bore gun and caused injury on the head of Badrilal. Hem Ram caused injury by Dharia on the head of Jodhraj and accused Shrawan and Satya Narain inflicted injuries by sticks. Thereafter all the accused persons gave beating to Chauthmal and ran away. Police Station. Baran registered a case under section 307/148 IPC, and investigation commenced and after the death of Chauthmal offence under section 302 Penal Code was also added. After completion of investigation charge sheet was filed and the cases was committed to the Sessions Court from where it was transferred to the court of Additional Sessions Judge Baran, who framed charges under sections 302/149, 307, 307/149 IPC. The accused persons denied charges and claimed trial. Prosecution examined as many as 27 witnesses and exhibited 81 documents. After examination of the accused persons under section 313 Crimial P.C., one witness was produced in support of defence version by the accused persons. The learned trial court after hearing the arguments convicted and sentenced the accused as indicated hereinabove.