STATE OF RAJASTHAN Vs. DHOKALA RAM & ORS.

JUDGEMENT

(1.) - The Criminal Appeal No. 205/1988 has been filed by the State for enhancement of sentence for the reasons that accused respondents were charge-sheeted and tried for offence under Sec. 302 read with 149 I.P.C. for murder of Smt. Laxmi but trial Court while acquitting the accused-respondents from offence under Sections 302 and 302/149, I.P.C. convicted all the accused respondents for the lesser offence vide judgment dated 2.12.1987 and passed following sentence against all the accused-respondents: <FRM>JUDGEMENT_358_LAWS(RAJ)1_2013.htm</FRM>

(2.) The other Criminal Appeal No. 487/1987 has been filed by the accused-respondents to challenge the same judgment, therefore, for convenience, we are deciding both the appeals together in this judgment.

(3.) Learned Public Prosecutor while arguing the appeal filed by the State vehemently submits that as per facts of the case an F.I.R. was registered against the accused-respondents on 21.7.1986 at 7.00 P.M. at Police Station Barmer upon complaint filed by Chatura Ram, PW-1, in which, it is alleged that an incident occurred in the agriculture field Khasra No. 1480 at the outskirts of Barmer city and as per allegations of the complainant 19 accused alongwith 10-15 unknown persons entered in the agricultural field situated in Khasra No. 1480 on tractor and inflicted injuries to Bharmal, Smt. Laxmi, Smt. Jani and Smt. Meeta.