HIRALAL & FOUR OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal arises out of judgment of the Additional Sessions Judge, Baran, whereby accused- appellants have been convicted & sentenced as under : - Sheoji & 10 years RI with a fine of Rs. 1,000/- (in default, 2-1/2 U/s. 307, IPC years further R.I.) Madanlal -do- U/s. 307/149, IPC Hiralal, Bhanwarlal 5 year's RI with a fine of Rs. 1,000/- (in defa ult, 2-1/2 & Ram Kishan years further R.I.) U/s. 307/149, IPC Each of All aforenamed appellants - U/s. 147, IPC 1 year's R.I. with a fine of Rs. 500/- (in default, further 3 months' RI), U/s. 323 & to pay a fine of Rs. 500/- (in default, 3 months' R.I.) 323/149, IPC

(2.) Accused, appellant, Hiralal was also convicted under Section 325, IPC and sentenced to 3 years' R.I. with a fine of Rs. 2,000/- (in default, further R.I. for six months).

(3.) Panchulal lodged a report at police station Atru on 30.12.80 in mid night at about 1 o'clock alleging therein that on 29.12.1980 at 7 o'clock in the evening accused-appellants, upon protest to the demolishing of the wall at the instance of them, made by the complainant persons, have inflicted by beating to him, Mohanlal, Ramnath Bai and Ramesh Bai. The report denotes that Bhanwarlal inflicted stick blow on left leg's ankle, and Hiralal has beaten Panchulal by stone on his face causing injuries on nose and mouth besides teeth; that, Bhanwarlal inflicted second lathi blow on the back of chest of Panchulal; that Sheoji and Madanlal gave blows on the head of Mohanlal who was also beaten by lathi blow inflicted by Ramkishan on his head; and that, when Ramnathbai & Ramesh Bai came to rescue them, then Sheoji & Madanlal gave beating by infliction of blows on the back of chest of Ramesh Bai, while Bhanwarlal & Ramkishan gave blows on eye brows of Ramnath Bai.