RANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed by Rana and Teja against the judgment of the learned Sessions Judge, Udaipur, dated June 22 1977, by which each of the appellants was convicted under Section 304 part II, read with Section 34, Sections 380 and 323, I.P.C. and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 300/ -, in default of payment of fine to further suffer rigorous imprisonment for three months on the first count, on the second count to undergo rigorous imprisonment for one year and on the third count to suffer rigorous imprisonment for six months and to pay a fine of Rs. 200/ -, in default of payment of fine to further undergo simple imprisonment for two months. The substantive sentences of rigorous imprisonment awarded to each appellant on all the three counts were, however, ordered to run concurrently. The trial Judge further ordered that out of the amounts of fine, if recovered, a sum of Rs. 200/ -, be given to Surta and Bhera witnesses each as compensation.

(2.) THE incident that led to the arrest and prosecution of the two appellants may be briefly stated as follows: - Bhuriason of Surta Bhil resident of village Mohalla accompanied by Dhira and Eja went to Police Station, Bikarni, District Udaipur on August 17, 1975, and lodged a verbal report with the police that in the night between August 15 and 16, he was sleeping inside his house wherein his cattle were tied with a rope. In the night his two she -goats were stolen away by the miscreants after cutting the rope with which they were tied. In the morning when he woke up he saw his two she -goats missing from his house and the rope lying cut therein. There upon, his father Surta and his brothers Bhera and Chena went in search of the she -goats. While searching she -goats they reached village. Tinchara following the foot -prints of the she -goats. The foot -prints were not visible beyond the house of Pura. They asked Pura about the where abouts of the she -goats Pura informed them that Rana and Teja appellants along with Rama and Eja had brought two she -goats in the village. Upon receiving this information Bhuria's father Surta and his brothers went to the house of Rama and saw his she -goats there. Surta and his two sons caught hold of the she -goats but they were beaten by Rama, Teja, Rana and Eja with lathis. As a result of the beating, Chena, Surta and Bhera sustained multiple injuries on their bodies. Enda and Pura came to the rescue of the appellants. One Galla, who had gone along with the father of Bhuria came running to village Mahalla and informed Bhuria about the incident. Bhuria then brought the injured to the Police Station.

(3.) AFTER the death of Chenia post -mortem examination was performed on his dead body by Dr. Om Prakash on August 18, 1975. The Doctor found the following external injuries on his body.