GIRDHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment dated 10-6-1982 passed by the learned Sessions Judge, Jhalawar in Sessions Case No. 72 of 1981, convicting and sentencing them as under : - (1) Girdhari U/s. 148 IPC to 6 Months RI and Rs. 500 as fine. In default three months RI (2) Mangiya alias Mangiya Lal (3) Gheesa (4) Goria (5) Bhura (6) Prabhu S/o Amar Singh - do - (1) Girdhari U/s. 304-II IPC to 10 years' RI and a fine of Rs. 1000/-, in default one year's RI (2) Mangiya alias Mangi Lal (3) Gheesa (4) Goriya (5) Bhura (6) Prabhu son of Amar Singh - do - (1) Mangiya alias Mangi Lal U/s. 326 IPC to 3 years' RI and a fine of Rs. 1000/- in default six months RI (1) Girdhari U/s. 326 r/w 149 IPC Two years' RI and a fine of Rs. 500/- in default three months' SI (2) Gheesa (3) Goriya (4) Bhura (5) Prabhu s/o Amar Singh - do - (1) Girdhari U/s. 324 r/w 149 IPC One year's RI and a fine of Rs. 200/- in default one month's RI (2) Mangiya s/o Mangi Lal (3) Gheesa (4) Goriya (5) Bhura (6) Prabhu s/o Amar Singh - do - (1) Babru U/s. 326 r/w 149 IPC Two months' SI and a fine of Rs. 100/- in default 15 days' SI (1) Babru U/s. 148, 304-II & 324 IPC Given the benefit of Probation of Offenders' Act. All the sentences were ordered to run concurrently.

(2.) THE prosecution case, in brief, is that one Kishore was passing through the way and when he reached near the house of accused Girdhari he was beaten by the accused appellants and five others in the morning before sun-rise, on 5-6-1981. After hearing the cries of Kishore other persons from nearby also reached the spot and they also received injuries at the hands of the accused persons. Nawal and Amar brought injured Kishore in the bullock-cart to Manohar Thana. But, Kishore succumbed to his injuries in the way. Shri Ram Narain, S. H. O. , Police Station, Manohar Thana reached the village at about 12. 30 same day in connection with some other case, and he was orally informed by Dholi Lal that his brother Kishore has been murdered by the accused persons and that others have also received injuries. S. H. O. sent a written report Ex. P/l to the Police Station through Constable Hukam Singh, which was registered at the police station at about 7 p. m. which is FIR P/31. A case was registered under Section 302, 147, 148 and 307 read with Section 149. After investigation the case was challaned and committed to Sessions. THE learned Sessions Judge framed the following charges against the accused persons : - (1)Babu: Under Sections 148, 302/149, 326, 324/149 and 323, IPC and other accused persons Namely, Girdhari, Gheesa, Amara, Mangiya, Prabhu, Goriya, Heera, Kashya, Kanhaiva, Bhure, Prabhu son of Amar Singh were charged under sections 148, 302/149, 326/149, 324/149 and 323, IPC.

(3.) I have carefully gone through the bulky record of the case and considered the arguments advanced before me by the learned counsel for the parties.