CHANDGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these matters were heard together as the same arise out of a common judgment rendered by the learned trial Judge.

(2.) THE appellants, twenty five in number, were the accused on the file of learned Additional Sessions Judge No. 2, Alwar bearing Sessions Case No. 39/1998. Learned Judge vide vide judgment dated September 24, 1999 convicted and sentenced the appellants as under:- Accused Sohan Lal: U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer imprisonment for one year. U. /s. 148 IPC: To suffer Rigorous Imprisonment for one year and fine of Rs. 500/-, in default to further suffer Imprisonment for three months. U/s. 323/149 IPC: To suffer Rigorous Imprisonment for six months and fine of Rs. 200/-, in default to further suffer Imprisonment for three months. U/s. 324/149 IPC: To suffer Rigorous Imprisonment for six months and fine of Rs. 500/-, in default to further suffer Imprisonment for three months. Sentences were ordered to run concurrently. Accused (1) Chandgi Ram, (2) Buddha, (3) Banwari, (4) Deva, (5) Totiya, (6) Surjan, (7) Gugan, (8) Dariya, (9) Pappu, (10) Shish Ram, (11) Rampat, (12) Ramphal, (13) Sant Ram, (14) Srichand, (15) Surja, (16) Birju, (17) Veeru @ Veer Singh, (18) Thawaria, (19) Dharmapal, (20) Jai Dayal, (21) Rati Ram, (22) Rohitash, (23) Basanta and (24) Risal: Convicted under Sections 148, 324/149 and 323/149 IPC and and instead of sentencing them at once the benefit of Sec. 4 of Probation of Offenders Act was extended and they were directed to execute the bonds of Rs. 5000/- for keeping peace for two years.

(3.) DETAILS of injuries sustained by the members of accused party are as under:- Banwari vide injury report (Ex. D. 15a) lacerated wound 1 cm x 1/2 cm x 1/2 cm on upper 1/2 of anterior side of right leg. Budh Ram vide injury report (Ex. D. 16a) lacerated wound 2 cm x 1/2 cm x 1/4 cm on left eye brow. Dariya vide injury report (Ex. D. 17a):- "1. Lacerated wound 1 1/2 cm x 1/2 cm 1/4 cm on upper part of sterunms. 2. Bruise 1/2 cm x 1/4 cm on the back of middle finger. 3. C/o pain occipital area. Gugan vide injury report (Ex. D. 18a) lacerated wound 2 cm x 1/4 cm x 1/4 cm in mid scalp area. Chandgi vide injury report (Ex. D. 19a):- "1. Incised wound 2 cm x 1/4 cm x bone deep on anterior side of mid area of right leg. 2. C/o pain Rt. shoulder 3. Abrasion 3 cm x 1cm on Rt. shoulder posteriorly 4. Bruise 2 cm x 1 cm on anterior side of left forearm mid. 5.C/o pain mid scalp. " As per postmortem report (Ex. D. 20a) deceased Kanhaiya sustained antemortem multiple injuries resembling gun shot wound on the upper part of left side of chest & and front of left shoulder. Average size of wound is 1/4 cm x 1/4cm, there is blackening around all wounds. In the opinion of Doctor the cause of death was shock due to sever internal hemorrhage from the left lung as a result of multiple gun shot wounds. Surjan vide injury report (Ex. D. 21a):- "1. Bruise Bluish coloured on the whole Rt. upper eye bid. 2. Bruise 3 cm x 1 1/2 cm on Rt. shoulder. C/o pain Rt. parietal area. " Sohan Lal vide injury report Ex. D. 22a sustained injuries and vide X-ray report Ex. D. 12 his right elbow was found fractured.