BHORYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by Bhorya and his four sons namely Harkesh, Ghisya, Ramji Lal and Moti recorded against them, by the Additional Sessions Judge, Dausa. Whereas Ghisya has been found guilty under section 302 IPC substantively and sentenced to undergo rigorous imprisonment for life, others named above have been held guilty for the offence u/s. 302 with the aid of Sec. 149 IPC and convicted likewise. They have been also ordered to pay a fine of Rs. 2,000/-, on in default of the same, to further undergo rigorous imprisonment for a period of there months. They have also been convicted under various other sections of the IPC, as detailed below. Bhorya U/s. 148 IPC - 3 months' rigorous imprisonment. U/s. 452 IPC - 6 months rigorous imprisonment with a fine of Rs. 200/- and default in payment of fine to undergo 15 days simple imprisonment. U/s. 325/149 IPC - One year RI and a fine of Rs. 200/- and in default of payment of fine to further undergo 15 days S. I. U/s. 324 IPC - 6 months' simple imprisonment with a fine of Rs. 200/- and in default of payment of fine SI for 15 days. U/s. 323 IPC - Three months' R. I. Harkesh and Ramjilal U/s. 147 IPC - 3 months' R. I. U/s. 452 IPC - 6 months' RI and a fine of Rs. 200/-, in default of payment of fine, SI for 15 days. U/s. 325/149 IPC - One year R. I. and a fine of Rs. 200/-, in default of payment of fine, 15 days' SI. U/s. 324/149 IPC - 6 months SI with a fine of Rs. 200/-, in default of payment of fine, further SI for 15 days. U/s. 323 IPC - 3 months' R. I. Ghisa U/s. 147 IPC - 3 month' Ri U/s. 452 IPC - 6 months' RI and a fine of Rs. 200/-, in default of payment of fine, further SI for 15 days. U/s. 325/149 IPC - 1 year RI and a fine of rs. 200/-, in default of payment of fine, further SI for 15 days. U/s. 324/149 IPC - 6 months' SI and a fine of Rs. 200/-, in default of payment of fine, further RI for 15 days. U/s. 323 IPC - 3 months RI. Moti Lal U/s. 147 IPC -3 months' Ri U/s. 452 IPC - 6 months' RI and a fine of Rs. 200/-, in default of payment of fine, 15 days' SI. U/s. 325 IPC - 1 year RI and a fine of Rs. 200/- in default of payment of fine, 15 days SI. U/s. 324/149 IPC - 6 months' SI and a fine of Rs. 200/ -. , in default of payment of fine, further SI for 15 days. U/s. 323 IPC - 3 months' RI.

(2.) IN the occurrence that is stated to have taken place on 16. 9. 1993 at 7-8 a. m. IN Village Ramsar, whereas Kishnya lost his life, Smt. Rumali (PW-3), Ghanshyam (PW-4), Kalu (PW-6) and Chotya received various injuries. FIR with regard to the incident came to be lodged on the same day at 1. 40 p. m. at Police Station Lalsot on the basis of the written report (Ex. P. 1) which was lodged by PW-1 Bacchu son of Kanhaiya. Special report with regard to the incident reached the concerned Magistrate on 21. 9. 1993.

(3.) HE opined that all the injuries found on the person of kalu were simple in nature and were caused within duration of 12-15 days.