MADAN LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal by appellants Madan Lai, Heera Lal, Kalyan, Kishan Gopal and Cheetar Lal arises out of the judgment and order dated 30.8.96 passed by the Additional Sessions Judge, Bundi, thereby holding the accused appellants guilty of having committed offence punishable under Sections 302/194 and 147 Penal Code and according convicting and sentencing them in the manner stated below : <FRM>JUDGEMENT_81_LAWS(RAJ)9_2002_1.html</FRM>

(2.) On 3.11.90, on the report of PW 1 Ram Lal, police registered a criminal case against the accused appellants alongwith one Babu Lal (since died) for offence under Sections 147, 148, 149 and 307 Penal Code vide FIR, Ex.P1. In course of investigation, injured Dev Lal succumbed to his injury and accordingly police added Sec. 302 IPC.

(3.) As per report, Ram Lal left Keshorai-patan on a motor cycle and was on way to his village Gudla. When he reached near canal (nala), Dev Lal met him and he asked him as to where was his tractor as he had to bring bags of manure. Dev Lal, in turn, replied that his tractor was busy somewhere. He also told that tractor was about to come. After his conversation, both of them went on talking with each other at the canal. Meanwhile, accused Kishan Gopal came from the road side and proceeded towards Gudla. As per the complainants report, the accused had teased the wife of younger brother of Dev Lal about two months prior to this incident and a report to that effect was also lodged at the police station and since then the accused were keeping enimocity.