ROOPA ALIAS RUP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE these two matters relate to the incident occurred on October 31, 1990, we propose to decide them by a common judgment. APPEAL NO. 527/2000:

(2.) THE appellants eight in number were the accused on the file of learned Special Judge (Dacoity Affected Area) and Additional Sessions Judge, Dholpur in Sessions Case No. 18/1991. Learned Judge vide judgment dated September 6, 2000 convicted and sentenced the appellants as under:- Jandel Singh: U/s. 148 IPC: To suffer rigorous imprisonment for one year and fine of Rs. 100/ -. in default to further suffer rigorous imprisonment for one month. U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. U/s. 324/149 IPC: To suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. U/s. 323/149 IPC: To suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. Soren: U/s. 148 IPC: To suffer rigorous imprisonment for one year and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for one month. U/s. 302/149 IPC: To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. U/s. 324 IPC: To suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. U/s. 323/149 IPC: To suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. Roopa @ Roop Singh, Veeri Singh, Bhajna, Shiv Ram, Vijay Pal and Ram Phool: U/s. 148 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for one month. U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. U/s 324/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. U/s. 323 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. All the substantive sentences were directed to run concurrently.

(3.) AT the outset it will be appropriate to refer to the injuries sustained by the deceased. As per post mortem report (Ex. P-12) deceased Gokuli sustained following ante mortem injuries:- Stint R. H + Ext. injury punctured wound 4 in number 0. 1cm x 0. 1cm over manubrium sternil in an area of 1" in diameter. (2) Punctured wound 0. 1cm x 0. 1cm oralin upper part (R) chest in 2nd Intercostal space part below in latendeul 7th (R) clevicle. (3) Punctured wound 0. 1cm x 0. 1cm over (L) shoulder. The cause of death was haemorrhage and shock due to gunshot injury to the vital organs.