NARAYAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by accused Narain, Prabhu, Dhudia and Govinda against the judgment dated 24-1-81 and 27-1-81 of the Sessions Judge, Jaipur District, Jaipur, in Criminal Case No. 31/80 (State V. Narain and others ) under S. 326 read with section 34. I.P.C., convicting and sentencing them to 10 years R.I. and a fine of Rs. 500.00 each, and in default of payment of fine to further undergo three months R. I.

(2.) The prosecution case is that in the mid night between 22/23rd. April, 1980 at about 1-30 A. M. these accused attacked Kalu son of Mangla Jat of village Bhankri, Tehsil Kotputli, who was sleeping outside his house along with his daughter of 6-7 years. They all gave beating to the deceased by axe, on account of which Kalu expired after six days. Prabhat filed a report in the police station which is Ex. P. 9. The case was registered as C. R. No. 40 by Ex. P. 10, and after the investigation, the accused persons were challaned, tried and ultimately convicted and sentenced, as mentioned above. The incident was witnessed by Kumari Birma who raised hue and cry. On this Prabhat came and saw all these accused persons standing near his deceased brother's body. When he challenged them the accused said, "finish him also." On this he cried, which attracted Sohan, Prahlad, and Kishna etc., who came on the spot, Kishna had a torch in the light of which faces of all these accused were seen, but the accused ran away.

(3.) During the investigation, an axe was recovered from the custody of Dhudia and on the basis of information given to the police u/s 27 of the Evidence Act The trial Court examined Dr. Satish Kumar (PW 1), Prahlad (PW2). Sohanlal (PW3), Sitaram (PW4) Narain (PW5), Laxman (PW6), Sohan (PW7), Kishanlal (PW8), Birma (PW9), Prabhat (PW 10), Omprakash (PW1 11), Mst. Manni (PW12) Prabhu Dayal (PW13), Sawai Singh (PW14), and Din Mohammed (PW15). All the accused denied the charge and pleaded not guilty. Prabhu accused pleaded that he was on his well and produced three witnesses in his defence.