BHAGWANLAL AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment will deal with above numbered four criminal appeals as they arise out of same judgment dated January 5, 1982 of the learned Addl. Sessions Judge, Gangapur City, delivered in the Sessions case No. 12/1981.

(2.) The learned Addl. Sessions Judge under his aforesaid judgment convicted the accused appellant Bhagwan Lal Under Sections 147, 447, 323, 323/149 and 302 IPC. The said accused for the aforesaid offences have been sentenced for six months' simple imprisonment and imprisonment for life and to pay a fine of Rs. 3000/-, or in default of payment of fine, to six months' further rigorous imprisonment, respectively. Vimla Devi accused-appellant was convicted Under Sections 147, 447, 323, 323/149 IPC and accused-appellant Narain Lal, Bhagwati Lal, Inder Kumar and Pradeep Kumar were convicted Under Sections 147, 447, 323 IPC. Accused-appellant Vimla, Inder Kumar, Narain were sentenced Under Sections 147, 447, 323, 323/149, IPC to 6 months' simple imprisonment, one month simple imprisonment, one month's simple imprisonment respectively. So far as Pradeep Kumar is concerned instead of being sentenced, he was given the benefit of the provision of Section 4 of Probation of Offenders Act, he was below 18 years of age and the offences for which he was convicted could have been dealt with under the provisions of the Probation of Offenders Act. He was ordered to be released on probation for two years on his furnishing personal bond in the sum of Rs. 2000/- and one surety in the like amount to the satisfaction of the trial court. Learned Addl. Sessions Judge also ordered that in case the amount of fine is recovered, then a sum of Rs. 2000/- shall be paid to the legal representatives of the deceased.

(3.) Appeal No. 20 of 1982 has been filed by Bhagwanlal, and three others, namely Inder Kumar, Pradeep Kumar and Smt. Vimla Devi against the aforesaid judgment. Appeal No. 22/1982 has been filed by Narain Lal, Appeal No. 39/1982 has been filed by Bhagwati Prasad Dubey and Appeal No. 144/1983 has been filed by the State of Rajasthan against the acquittal of the accused, other than Bhagwanlal, so far as their acquittal of the offences Under Section 302/149 IPC is concerned and also against the benefit extended to Pradeep Kumar Under Section 4 of the Probation of Offenders Act.