ROOP JI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal under Sec. 374(2) Cr.P.C. has been filed against the judgment and order dtd. 9/12/1992 passed by learned Sessions Judge, Banswara (hereinafter referred to as 'the trial Court') in Sessions Case No. 132/1989, whereby the trial Court has convicted and sentenced the appellants as under:-

(2.) The concise facts of the case are that a First Information Report was lodged by complainant Chandmal, Sarpanch, Badodia on 10/8/1989 stating therein that in the night at about 10 PM, Keshrimal was sleeping in his house. At that time, accused Roopji along with other 7-8 persons forcibly entered into the house and assaulted him. Thereafter, they dragged him to the hotel of Kiran Singh where he was further beaten by accused persons by lathis, iron rod etc. When his younger brother Ramesh and Mani lal intervened, he was also beaten. It was alleged that a day before, accused Roopji had damaged small part of platform of the house of Rameshchand and Keshrimal was demanding compensation from him.

(3.) On the basis of aforesaid report, FIR No. 442/1989 was registered about commission of offences punishable under Ss. 147, 148, 452, 307/149, 323/149 IPC. After due investigation, police filed charge sheet against nine accused-persons. The case was transferred to the court of District and Sessions Judge, Banswara where the charges of the case were framed. The appellants denied the charges and claimed trial.