LAXMAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The six accused appellants before us have been convicted for offences under sections 302, 302/149, 148, 447, 323, 324, 325/149 Penal Code by the Additional Sessions Judge, Dausa, by his judgment dated 16th March, 1989 and sentenced as under:- <FRM>JUDGEMENT_66_LAWS(RAJ)9_19911.html</FRM>

(2.) Against this conviction and sentence they have preferred this appeal.

(3.) The incident for which this case arises occurred on 18th Aug., 1985 in the forest of Kalwar which falls under the Police Station Manpur. Ghasi son of Banshi PW6 lodged the first information report on the allegations that about 3 or 4 in the afternoon, Sriya, Kishore, Gordhan, Jamna, Lahri and Ramotar were levelling their field by a tractor when with the intention of causing their death, the accused persons Prabhu and others, who have been named in the FIR, came there armed with deadly weapons. They were shouting that the other party should be killed. They entered the field and Prabhu, Roop Narain, Laxman, Madan and Ghamandi had kulhadies, while others had lathies and Laxman gave a kulhadi blow on the head of Jamna. Roop Narain gave a kulhadi blow on the head of Gordhan. Ramsahai and others came to intervene and then Prabhu gave a kulhadi blow to Ramsahai and Madan gave a kulhadi blow to Ramotar. Joharia gave a lathi blow to Tohfa. Ghamandi gave a kulhadi blow to Satvir. As a result of the injuries Jamnas condition was serious. On this report a case was serious. On this report a case was registered for offences under sections 147, 148, 149, 447, 324 and 323 IPC. Subsequently section 307 Penal Code was added and on the death of Jamna, the case was converted into section 302 IPC. Challan was filed against as many as 11 persons and charge was framed against all of them.