RAJU AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Five accused-appellants have been convicted and sentenced by learned Additional Sessions Judge, Gangapur City vide his judgment dated 27-8-83, as under:- <FRM>JUDGEMENT_133_LAWS(RAJ)1_19911.html</FRM>

(2.) Brief facts giving rise to this appeal are that a report was lodged on 28-2-82 before Sarpanch Gram Panchayat, Kemari Panchayat Samiti Nadoli district Sawai Madhopur wherein it was alleged that on 25-2-82 at 6.00 p.m. when he was lying on a cot at his house suddenly Kishan s/o Sheoram, Harmukh s/o Kalyan, Raju s/o Kishan, Kalyan s/o Sheoram and Muneem s/o Kalyan entered his house and attacked him. Raju fired a muzzle loaded gun as a result of which smoke entered his eyes and he sustained injuries on the face and Harmukh gave a Gandasi blow on his hand an Muneem on leg. According to him, Kishan aimed 12 bore gun towards him but he did not fire. Sarpanch forwarded this report to S.H.O., Police Station Garmora on 1-3-82 where the case was registered for offences under Sections 147, 323 and 324 IPC. An injury report was also produced, which was taken down by Medical Officer Incharge, primary Health Centre, Mahaveerji, who found following injuries on the person of Mahadeva:-

(3.) After completing investigation, a charge-sheet was submitted against all the five accused-appellants, who were committed to court of sessions. Charges for offence under Sections 147, 148, 307, 307/149, 324, 324/149, 323 and 323/149 Penal Code were levelled against them.