DALI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE these two appeals, one by accused Dali Chand and the other by the State, arise out of one and the same judgment of the learned Sessions Judge, Pratapgarh, they were heard together and are disposed of by a common judgment.

(2.) THE Police, Nimbhera submitted a challan against as many as 41 persons in the court of Munsif and Judicial Magistrate for offence punishable under various Sections of the Penal Code. The case was committed for trial to the Court of Sessions. The learned Sessions Judge framed charges Under Section 148, 366, 460, 323, 325, 326, 307 and 302 IPC and also in alternative read with section 149 against all of. them, to which they pleaded not guilty and faced the trial.

(3.) AS a result, accused Dalichand was convicted under Section 302 IPC and was sentenced to imprisonment for life and a fine of Rs. 100/ -, in default of payment of fine of further undergo three months' rigorous imprisonment. Accused Mana was convicted under Section 325, IPC and was sentenced to one year's rigorous imprisonment with a fine to further undergo of Rs. 500/ -, in default of the payment of fine three months' like imprisonment. Accused Hukmichand was convicted under Section 323, IPC and was sentenced to two months' imprisonment with a fine of Rs. 500/% in default of the payment of fine to further undergo three months' like imprisonments. The remaining 38 accused persons were acquitted of all the offences they were charged with. Accused Mana and Hukmi Chand were also acquitted of the remaining offences. So also, accused Dali Chand was acquitted of the rest of the offences. Aggrieved against his conviction and sentence, accused Dalichand has filed the appeal. The State applied for leave to appeal against the acquitted persons. Leave to appeal was granted by this Court on 6 -11 -79 against the acquittal of Mana, Nanu, Heeralal, Hukmichand, Mangi Lal, Dhanna, Badrilal, Raghunath, Deokaran and Kacher.