SHRI CHAND AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have filed this appeal against their conviction and sentences awarded to them by the learned Sessions Judge, Jhunjhunu, vide judgment dated 30-6-1980. The sentence awarded to each petitioner is as under : <FRM>JUDGEMENT_48_LAWS(RAJ)9_19831.html</FRM> All the senctences as directed by the Sessions Judge were to run concurrently.

(2.) The facts of the case as per prosecution story are that Ram Dhan S/o Motaram lodged a written report before the S.H.O Police Station Gudha Gordji on 28-8-79 at about 4 30 a.m. He has mentioned in the report that he was at his dhani situated in his field at about 7 p.m. on 27-8-79. At that time his mother Dbapli, his brothers Ram Karan and Shiv Karan and Nahar Singh and Omprakash S/o of Rim Kumar along with one Hiribux Jat resident of Brothers were also present in the dhani. His mother Dhapli after kneading the flour was about to prepare chapatis. It was mentioned in the report that suddenly from the side of Rameshwar's well the petitioners accused persons came together with Jellys, Lathis and Pharsis in their band and started beating Ram Kumar and Haribux. The complainant and other relatives started crying, on which Khyali Ram Swami came to the spot. It is alleged that Shri Chand petitioner was armed with Pharsi, by which he caused injuries to Haribux and Ram Kumar. Shish Ram accused was armed with Jelly and other accused were armed with lathies. All the accused persons jointly inflicted injuries to Ramkumar and Haribux. Both received grievous injuries, as a result of which they become unconscious. Thereafter, all the accused put rope round the necks of Ram Kumar and Haribux and killed them by strangulation. It is further alleged that when the manpeet was going on his mother Dhapli came in between to rescue Ram Kumar. The accused persons also inflicted injuries to her. Then all the accused persons lifted the dead-bodies of Ramkumar and Haribux and put them near the route to Ghanana Jodha. In the report it was also mentioned that the accused Khinwa Ram and Mool Chand also received injuries on legs and on head respectively on the stop.

(3.) On submission of this written report which is Ex. P. 25 the S.H.O. prepared the F.I.R. Ex. P. 26 and a case under Sec. 302/324/323/148/447 Penal Code was registered and started investigation of the case.