RANG LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the criminal appeals, one by 8 accused-appellants against their conviction and another by the State Rajasthan against acquittal of accused-respondent Ghasi arise out of judg, ment and order dated 26-8-1997 thereby acquitting accused-respondent Ghasi of the offence under Sections 148, 323, 324, 325 and 302/149,1.P.C. and convicting and sentencing the accused-appellants inAppeal No. 381/97 in the manner stated below : <FRM>1. Accused-appellant Rahglal Under S. 302, JPC Life imprisonment with a fine of Rs. 5000/-, in de. fault of payment of fine, to further undergo six months' simple imprisonment. Under S. 324/149, One month's rigorous im IPC prisonment with a fine of Rs. 1000/-, in default thereof, to further undergo one month's simple imprisonment. Under S. 323/149, One- month's simple impri- IPC sonment. Under S. 148, IPC One month's simple imprisonment. 2. Accused-appellant Kanhalya Lal Under S. 302, IPC Life imprisonment with a fine of Rs. 5000/-, in default of payment of fine, to further undergo six months' simple imprisonment. Under S. 324, IPC One month's rigorous imprisonment with a fine of Rs. 1000/-, in default thereof, to further undergo one month's simple imprisonment. Under S. 323/149, One month's simple impri IPC sonment. Under S. 148, IPC One month's simple imprisonment. 3. Accused-appellant Jansi alias Netram& Smt. Gulab Under S. 302/149, Life imprisonment with a IPC fine of Rs. 5000/-, in default of payment of fine, each to further undergo six months' simple imprisonment. Under S. 324, IPC One month's rigorous imprisonment with a fine of Rs. 1000/-, in default thereof, each to further undego one month's simple imprisonment. Under S. 323/149, One month's simple impri IPC sonment to each. Under S. 148, IPC One month's simple imprisonment to each. 4. Accused-appellants Mando alias Malya. Smt. Kaushalya. Smt. Nahani and Dhanpal Under S. 302/149, Life imprisonment with a IPC fine of Rs. 5000/-, in default of payment of fine, each to further undergo six months' simple imprisonment. Under S. 324/149, One month's rigorous im IPC prisonment with a fine of Rs. 1000/-, in default thereof, each to further undergo one month's simple imprisonment. Under S. 323, IPC One month's simple imprisonment to each. Under S. 148, IPC One month's simple imprisonment to each. All the substantive sentences were ordered to run concurrently.</FRM>

(2.) As per the prosecution case, PW-10 Jagdish Prasad Sharma, ASI, Police Station, Rajgarh recorded the Parcha Bayan (Ex. P3) of injured Dhanna S/o Sedu Ram in Referal Hospital, Rajgarh on 12-11-1993 at 9.00 p.m. The injured in his Parcha Bayan alleged that on the day of incident at about 4.00 pm. when he and his brothers Ganesh, Chuttan and Ram Kishan were present at their house, all of a sudden accused Kanhaiya, Ranglal, Dhanpal, Ghasi, Bodha, Mst. Kaushlya, Gulab w/o Dhanpal, Shanti w/o Kanhaiya, Nahni w/o Ranglal and one more lady (wife of one Netram) dame there duly armed with Lathis and Barchi. Soon their reaching, accused Kanhaiya inflicted an axe (Tanchya) blow on his head, as a result thereof, blood oozed out from} his head. Accused Dhanpal struck lathi blow on the upper part of his left elbow. He ,also sustained injury on the left palm in the course of saving himself from axe blow. AccusedRanglal inflicted Barchi blow on the head of Chuttan, while accused Kanhaya struck axe blow. Accused Ghasi and the lady accused also belaboured his brother Chuttan by lathis. Chuttan succumbed to injuries on the spot. The injured alleged that Neta s/o Kanhaiya had also participated in the incident. According to Parcha Bayan, the incident was a result of some land dispute between the parties.

(3.) On the basis of above Parcha Bayan, police registered a case vide FIR No. 127/ 93 for offence under Sections 147, 148, 149. 302, 323, 307, 324 and 452, IPC and proceeded with the investigation.