MANSUKHA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Trial Court had on conclusion of the trial in Sessions Case No. 29/2001, of the accused Mansukha; Manohari alias Manohar; Harish alias Dablya; Hari Ram; Smt. Anokhi; Smt. Sita; Smt. Tulsi and Smt. Beena, vide order dated 14.11.2002 convicted them for the offences under Sections 148, 302/149, 307/149 and 323 I.P.C. and each one of them were sentenced under Section 148 I.P.C. to three years simple imprisonment; under Section 323 I.P.C. to one year's simple imprisonment; under Section 307 read with Section 149 I.P.C. to ten years simple imprisonment with fine of Rs. 100/ -, in default of payment of fine to further undergo one month's simple imprisonment; and under Section 302 read with Section 149 I.P.C. to life imprisonment with fine of Rs. 100/ -, in default of payment of fine to further undergo one month's simple imprisonment.

(2.) LEARNED Trial Court vide another judgment and order dated 09.04.2004 convicted the accused Narsi for the offences under Sections 148, 302 and 307 I.P.C. and sentenced him under Section 148 I.P.C. to three years simple imprisonment; under Section 307 I.P.C. to ten years simple imprisonment with fine of Rs. 100/ -, in default of payment of fine to further undergo one month's simple imprisonment; and under Section 302 I.P.C. to life imprisonment with fine of Rs. 100/ -, in default of payment of fine to further undergo one month's simple imprisonment. Accused Narsi has been acquitted from the charges under Sections 324 and 323/149 I.P.C.

(3.) THEREAFTER , the usual investigation commenced and on conclusion of the same, charge sheet was filed against all the accused RIMINAL APPEAL NO. 1549/2002 persons, except Narsi. On filing of the said charge sheet before the Magistrate, the case was then committed to the Court of Sessions and thereafter it was transferred to the learned Trial Court. Trial commenced with the framing of charges against the accused persons which had been denied by them. The prosecution had, in support of its case, produced 21 witnesses in the trial and exhibited 46 documents. Thereafter, the statements of the accused -persons under Section 313 Cr.P.C. were recorded by the learned Trial Court. On conclusion of the trial, the accused -appellants namely Mansukha; Manohari alias Manohar; Harish alias Dablya; Hari Ram; Smt. Anokhi; Smt. Sita; Smt. Tulsi and Smt. Beena were convicted and sentenced by the learned Trial Court, vide its judgment and order dated 14.11.2002, as aforementioned.