VISHNU DUTT AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.6.2008 passed by the learned Sessions Judge, Hanumangarh in Sessions Case No. 70/2005 whereby the learned Sessions Judge, Hanumangarh has convicted and sentenced the appellants as under :

(2.) The facts of the case as set up by the prosecution are that on 4.5.2005, Sunil S/o Pema Ram lodged a written report at the Police Station, Goluwala alleging inter alia that his field is situated near the field of Vijaypal and the disputes are pending between them. On 4.5.2005, in the morning, at about 7 O'clock, his mother Savitri Devi was going to Chak 23 MOD from her Dhani. When she reached near the field of Gopi Ram Dharniya at Dhori Khala, at that time, his neighbours Vijay Pal, Sahab Ram, Indra Pal, Subhash, Bholu Ram, Krishan Lal, Balram and Shiv Lal came there and started beating Savitri Devi with lathis. It was further alleged that when the complainant Sunil had seen the accused persons running behind his mother, he along with his sister Maya and father Pema Ram rushed towards the place of incident on a tractor. When they reached there, they saw Shiv Lal having Gandasi, Vijay Pal having Favra and others were having lathis. All of them were beating his mother. On account of beatings given by accused persons, her mother fell down. It was further alleged that on account of fear, they did not go near Savitri Devi. His mother has died of beatings given by the accused persons and the dead body of his mother is lying at the place of occurrence.

(3.) On this report, a case for offences under Sections 302, 323, 341, 147, 148 and 149 I.P.C. was registered and investigation commenced.