STATE OF RAJASTHAN Vs. DASHRATH

JUDGEMENT

(1.) State has preferred D.B. Criminal Appeal No.66/1986 aggrieved by the judgment and sentence dtd. 2/5/1985 whereby accused Lal Chand has been acquitted, accused Kajod has been given benefit of probation and whereby accused Dashrath, Devraj, Ram Lal and Kajod have been acquitted for offence under Sec. 302/149 of IPC, however, accused Dashrath, Devraj and Ram Lal have been convicted for offence under Ss. 147, 304 Part-II read with Sec. 149 IPC and accused Kajod has been convicted for offence under Ss. 147, 324/149 of IPC.

(2.) Appellant - Dashrath has preferred D.B. Criminal Appeal No.238/1985 and accused Devraj has preferred D.B. Criminal Appeal No.248/1985 aggrieved by the judgment of conviction dtd. 2/5/1985 for offence under Sec. 147 and Sec. 304 Part-II read with Sec. 149 IPC.

(3.) Succinctly stated the facts of the case are that Avtar Singh (PW-7) lodged an FIR on 19/7/1983 alleging therein that Dashrath, Devraj, Kajod, Om, Ram Lal, Mohan and Lal Chand have given beating to his father. The police after due investigation submitted charge-sheet against Dashrath, Lal Chand, Kajod, Ram Lal and Devraj for offence under Ss. 147, 302, 302/34, 302/149 of IPC. The accused denied the charges and sought trial. On behalf of the prosecution as many as 12 witnesses were examined and explanation of the accused was recorded under Sec. 313 Cr.P.C. On behalf of defence, 7 witnesses were examined as DW-1 to DW-7. Learned trial Court after hearing the parties has acquitted accused Lal Chand, Kajod has given benefit of probation and has convicted Dashrath, Devraj and Ram Lal for offences under Sec. 147 IPC and Sec. 304 Part-II read with Sec. 149 of IPC and has sentenced them to 5 years rigorous imprisonment and a fine of Rs.500.00, on non-payment of the fine, to further undergo 5 months simple imprisonment for offence under Sec. 304 Part-II read with Sec. 149 IPC and has sentenced to 6 months imprisonment for offence under Sec. 147 of IPC and a fine of Rs.200.00, aggrieved by which the appellants Dashrath and Devraj have preferred D.B. Criminal Appeal Nos.238/1985 and 248/1985 respectively and aggrieved by the judgment of acquittal and of conviction under Sec. 304 Part-II instead of Sec. 302 IPC, State has preferred D.B. Criminal Appeal No.66/1986.