DHURA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE , these two appeals were directed against one and the same judgment of the learned Sessions Judge, Jalore dated August 5, 1981, they were heard together and were decided on September 28, 1984 by a single judgment. The appellant's appeals were partly allowed by us in the manner indicated as hereunder: Judgment pronounced. In the aforesaid appeals we pass the following order, reasons for which we shall give later:

(2.) BY his judgment aforesaid, the learned Sessions Judge convicted and sentenced the appellants as under:

(3.) IN succinct, the case put up by the prosecution is that the deceased -victim Koja was the real brother of PW 1 Pokar and.PW 4 Rachu residents of village Sankar. Jeevna and Madha, who are real brothers inter se (main accused in the case but are absconding) are also residents of village Sankar. The relations between these two factions were unhappy. On October 5, 1980, PW 4 Rachu presented written report (Ex. PW 1) at Police Station, Sanchore against Jeevna and Madha alleging therein that they had molested his daughter Kumari Shanta in the afternoon of October 4, 1980. The Police registered a case under Sections 354, etc. of the Penal Code and proceeded with investigation. This further embittered the relation between the two factions. The appellants and some other persons, who have been acquitted by the court below, were the sympathisers and supporters of Jeevna and Madha.