UNKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellants have preferred the instant appeal aggrieved by the judgment of conviction and sentence dtd. 7/3/1989 passed by the learned Sessions Judge, Tonk, in Sessions Case No.50/1986 arising out of FIR No.97/1986, by which, he convicted and sentenced the accused appellants as under:- Unkar:-Under Sec. 302/34 IPC - Imprisonment for life and under Sec. 307/34 IPC - 3 years rigorous imprisonment and a fine of Rs.1000.00 and in default of payment of fine, 3 months further rigorous imprisonment. Nathu Lal:- Under Sec. 302/34 IPC - Imprisonment for life. Kalu:- Under Sec. 307/34 IPC - 3 years rigorous imprisonment and a fine of Rs.1000.00 and in default of fine, 3 months further rigorous imprisonment. Laddu:- Under Sec. 307/34 IPC - 3 years rigorous imprisonment and a fine of Rs.1000.00 and in default of payment of fine, 3 months further rigorous imprisonment. Rodu:- Under Sec. 307/34 IPC - 3 years rigorous imprisonment and a fine of Rs.1000.00 and in default of payment of fine, 3 months further rigorous imprisonment. Sec. 323 IPC - 1 month rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) During the pendency of the present appeal, appellants - Unkar and Rodu expired and the appeal stands abated qua appellants - Unkar and Rodu. The present appeal is being heard and decided with regard to appellants - Nathulal, Kalu and Laddu.

(3.) Succinctly stated the facts of the case are that on 15/9/1986 at 11:30 pm, complainant - Ramkaran son of Prabhu (PW-1) gave a parchabayan (Exhibit-P1) to the police. On basis of the said parchabayan, police registered FIR No.97/1986 (ExhibitP42) on 16/9/1986 at 9:00 am at Police Station Uniara, District Tonk for offences under Ss. 147, 148, 149, 307, 323 and 324 of IPC against the accused appellants. The police, after due investigation, filed charge-sheet against the accused appellants and other co-accused. The case was committed for trial and the Trial Court, after hearing the charge arguments, framed charges against the accused appellants for offences under Ss. 147, 148, 302/149, 307, 325, 323, 307/149, 325/149, 324/149 & 323/149 of IPC. The accused appellants denied the charges and claimed trial. During the trial, on behalf of the prosecution as many as 20 witnesses were examined and 84 documents were exhibited. The explanation of the accused appellants was recorded under Sec. 313 Cr.P.C. wherein they denied the allegations and stated that they have been falsely implicated. In defence, 5 witnesses were examined and 12 documents were exhibited.