GIRDHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FIVE persons namely Girdhari, Het Ram, Rajiram, Bhola Ram and Om Prakash were tried by learned Additional Sessions Judge, No. 2, Hanumangarh for constituting an unlawful assembly on 26. 3. 86 at about 3. 30 p. m. in front of the house of Girdhari at village 34 LLW with the common object of committing murder of Gopiram and for committing riot, causing simple hurt to Maniram and in furtherance of the common object of all committing murder of Gopiram. By his judgement dated 27. 2. 91, learned trial Judge partly believed the prosecution story and convicted appellant Girdhari for causing murder of Gopiram. He, however, acquitted all other accused persons of all the charges framed against them. He also acquitted Girdhari of all other charges framed against him. Girdhari was convicted for offence under Section 302, IPC and was sentenced to undergo imprisonment for life and to pay fine of Rs 1000/- and in default to undergo simple imprisonment for six months. Aggrieved, Girdhari has come in appeal.

(2.) WE may here stale that the matter came up today for hearing of the bail application of Girdhari before us but the learned counsel for the appellant submitted that the conviction had been based on the sole testimony of an alleged eye witness and the points involved were also very short and therefore he may be permitted to argue the appeal itself. Looking to the submission made on behalf of the appellant, learned Public Prosecutor also agree to argue the appeal on merits. This is how we heard the appeal on merits itself.

(3.) WE have considered the circumstances of the case and we are of the opinion that the act of the appellant does not travel beyond Section 304 Part II, IPC. It may be stated that he is behind the bars since 1. 4. 86 i. e. almost for more than five years and two months.