JAWAR MAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the order of conviction dated 27.3.1985 passed by learned Sessions Judge, Bhilwara in sessions case No. 93/83 convicting the accused u /ss. 304 Part-I and 323 Penal Code and sentencing them to five years' R.I., the appellants preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before me.

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

(3.) The prosecution story as it emerges from re-appreciation of the evidence is that; on 4.9.1983, Shanker submitted a written report to the effect that today early in the morning he along with his father and one Shaitania went to the field of Shankaria with intention to kill pigeons and killed 6-7 pigeons on the way which were in the bag of Shetania, on seeing them, Jawarmal shouted, therefore, Shanker, Pyara Jat and Jawara Jat came there, beat them and Jawara Mal Jat assaulted on the head of father of complainant by "Kassi" as a result of which, he fell down, thereafter, they took them to village and gave him first aid but later on the victim died. On the basis of this information, police registered a case under sections 304 & 323 Penal Code and started usual investigation. The accused were arrested.