RAM KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE 15 appellants before us have been convicted for the offence under Sections 302 and 148 IPC and in the alternative for Section 302/149 IPC and sentenced to imprisonment for life for offence Under Section 302/149 r.w. 149 IPC, and to six months rigorous imprisonment for the offence under Section 148 IPC. Against this conviction and sentence made by the Sessions Judge, Sundi in Sessions Case No. 91/89 decided on 16th May, 1990, the present appeals have been preferred. It is a triple murder case. The decased in the case are Sobhag, Nand Kishore and Ram, Pratap, who were real brothers and sons of P.W. 1 Roop Lal.

(2.) THE incident, out of which the case arises occurred in the early hours of 16.4.1989 in between the villages Kalmiya and Jar -Khoda which fall under the Police Station Dei in District Bundi. One Behari went to Police Station Dei with the information about the incident and he reported that Sobhag, Ram Pratap and Nand Kishore were lying unconscious on the road between Kalmiya and Jarkhoda with several injuries and that he did not know who were the persons who had given the beating and who gave blows on whom. This information was recorded in the rojnamcha and the S.H.O. Chawand Singh slongwith other police personnel proceeded towards the place of incident.

(3.) FOR his presence at the place of occurrence, RoopLalstated that when his children did not return to the village inspite of it being very late, he want towards Jarkhoda with others to find but about them and after going some distance, from the village, they saw the accused persons inflicting injuries. The accused wanted to take Ram Pratap to throw him into the wall but whom they saw that others had arrived at the scene, they left him and ran away.