SUNDAR & ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) As both these appeals arise out of the same judgement dated Oct. 27, 1976 of the learned Sessions Judge, Jhunjhunu, they are being disposed of by a common judgement.

(2.) The three accused appellants Dhanna, Sundar and Bishesar have been convicted under Sec. 325, 325/149, 147 and 342 of the Indian Penal Code. Accused appellants Ladu Ramkaran and Kana have convicted under Sec. 325/149, 323, 147 and 342 I. P. C. and each of them has been sentenced to undergo one years rigorous imprisonment and a fine of Rs. 500.00 under section 147 I. P. C. or in default of payment of fine, to further suffer three months R.1. Under Sec. 342 I.P.C. each of the accused has been sentenced to suffer two months R.I. The three accused appellants who have been convicted under Sec. 325 I.P.C. have been sentenced to under go three years R I. and to pay a fine of Rs 1,000.00, in default of payment of fine to further suffer six months R. I, Ail the accused appellants have been sentenced to undergo similar sentence under Sec. 325/149. I.P.C. Accused appellants Ladu, Kana and Ramkaran have been sentenced to under go three months R.I. under Sec. 323 IPC. All the substantive sentences of all the accused have been ordered to run concurrently.

(3.) The only prayer in the appeal is that the case of the accused persons should be dealt with either under section 360 Cr. P. C. or under the provisions of tie Prohibition of Offenders Act (for short the Act). It is not necessary to give the facts of the case in detail. It will suffice to state the facts in brief. It is said that a she goat of Dhanna accused appellant had been stolen and he suspected Kalu P.W.1. On May 8, 1975 one Pooran went to the house of Kalu and enquired of him about missing of the she goat but Kalu showed his ignorance. Pooran returned to his house. It is alleged that on the same day at about 2.30 p.m. all the accused armed with lathis went to the house of Kalu, P. W. 1, who was sitting outside his house. It is alleged that the accused appellants gave beating to Kalu and when Ramsukh P. W. 2, Hanumana deceased and Mangla arrived there, they too were beaten. Hanumana later on died as a result of the injuries. A report of the incident was lodged in the police station. A case was registered and investigation was set in motion.