JAGAN NATH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Jagannath and others have preferred the appeal against the judgment dated 6/12-2-79, passed by learned Sessions Judge in Sessions Case No. 23/1577. Learned Sessions Judge has convicted accused Prabhu, Jagannath and Pokhar under Sec. 302 Penal Code and sentenced them to under go rigorous imprisonment for life, Learned Session Judge has also convicted accused Prabhu and Pokhar under Sec. 324 Penal Code and sentenced them to undergo one year's rigorous imprisonment. Learned Sessions Judge acquitted other accused persons on all counts on being aggrieved with the finding of acquittal. The State of Rajasthan preferred an appeal before this Court. Leave to appeal was rejected by this Court against Mst. Jagannathi and Mst. Gulab. Leave to appeal was granted against rest of the accused namely Jagannath, Poolya, Moti, Podhar, Prabhu, Gokul, Kaiyan Jagdish and Mariya.

(2.) The prosecution story as unfolded in the first information report is that all the accused persons were enemical with deceased Choga aDd gave fatal blows on the person of Choga. They have also stated in the first information report that some of the eye-witnesses have also sustained injuries.

(3.) The Investigating Agency inspected the since and prepared the Site Memo Ex. P. 7 on 26th May, 1977, and on the spot found blood and vomit in the field of accused Jagannath. After recording the statement poler Station 161 Cr. p. c. and after completing the investigation, a charge-sheet was submitted by the Investigating Agency before the Judicial Magistrate, Bundi. The case was committed and the learned Sessions Judge, vide his judgment dated 6. 2. 19/9. recorded the finding quilts and convicted and sentenced the present appellants Jagannath, Prabhu and Pokhar and acquitted the remaining accused persons.