SULTAN Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment dated 28-8-1982 passed by the learned Additional District and Sessions Judge, Gangapur City in Sessions Case No. 64/1981, the accused appellant Sultan has preferred this appeal under Section 374, Cr. P. C.

(2.) In the instant case, where the incident had taken place on 12-4-1978, in all 17 persons had been implicated and they faced trial for the offences, inter alia under Section 302/149, I. P. C. At the first instance, 11 persons were tried by the learned Court below in Sessions Case No. 39/1978/74/1978. The accused Ganga Sahai died during the trial and as such, proceeding against him was dropped. The trial against the remaining 10 persons was concluded with the judgment passed by the learned trial Court on 29-2-1980, whereby two persons namely Ramjilal and Mangliya were acquitted of all the charges levelled against them and 7 persons were acquitted from the charges under Section 302 read with Section 149, I. P. C. However, they were convicted for the offences under Sections 147, 323, 324/149 and 325/149, I. P. C. and the accused Thandiya was also convicted for the offence under Section 379, I. P. C. But the accused Raghuveer was convicted for the offences charged, including Section 302/149, I. P. C. and sentenced for life imprisonment as well as the other periods in respect of the offences with which he was charged. All the sentences were to run concurrently. Consequently, the accused Raghuveer filed an appeal through jail (No. 136/1980). The remaining accused persons, who had been convicted and sentenced for the offences inter alia under Section 325/149, I. P. C., preferred an appeal before this Court (S. B. Criminal Appeal No. 149/1980). Thereafter, the accused Mohan Singh (Sessions Case No. 63/1981), Mangla, Ranglal and Sultan (Sessions Case No. 64/1981) and Ramcharan (Sessions Case No. 65/1981) were tried together by the learned Sessions Court. On conclusion of the trial and on passing of the judgment dated 28-8-1982, the accused Mangla, Ranglal and Ramcharan were acquitted of all the charges levelled against them. However, the accused Sultan was convicted and sentenced, as aforementioned. The accused Mohan Singh was also convicted and sentenced and therefore he preferred an appeal against the impugned judgment dated 28-8-1982 (No. 387/1982). However, the accused Mohan Singh son of Misra alias Mithiya died during the pendency of the appeal and therefore, the appeal filed by him was ordered to have been abated on 19-4-2011. The remaining accused Hazari also faced trial (Sessions Case No. 45/1988), which came to be concluded by the judgment dated 31-1-1991. The learned trial Court acquitted Hazari son of Punya of all the charges levelled against him.

(3.) Therefore, out of total seventeen accused persons against whom criminal cases were initiated in respect of the incident which had taken place on 12-4-1978, the accused Ganga Sahai expired during the trial and the accused Mohan Singh, though convicted by the trial Court, expired during the pendency of the appeal. Amongst the remaining accused persons, the accused Hazari, Mangla, Ranglal, Ramcharan, Ramjilal and Mangliya were acquitted of all the charges levelled against them and seven accused persons were acquitted of the charges under Section 302/149, I.P.C., by the trial Court. Ultimately Sultan, accused appellant in the present appeal, had been convicted for the offences, inter alia under Section 302 and 302/149, I.P.C. The accused Raghuveer was convicted for the offence under Sections 302/149, I.P.C. He had preferred a separate appeal (No. 136/1980) which was also considered by us today and the same has been allowed.