VISHNU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SIX appellants namely Vishnu, Mahesh, Brahmanand, Kanta Prasad, Bhanwar Lal and Lata Bai, who were tried with their co-accused Kanhaiya Lal in connection with murder of Sukhlal and causing injuries to five others, under various offences, have filed the present appeal challenging order of conviction and sentence recorded against them by the learned Sessions Judge, Karauli who vide his order dated 17. 4. 1998 held them guilty u/s 302 read with Sec. 149 IPC and sentenced each of them to undergo life imprisonment as also to pay a fine of Rs. 200/- and in default of payment of fine, to further undergo S. I. for a period of two months. They were also held guilty and thus convicted u/s 325/149 IPC and sentenced to R. I. for one year and a fine of Rs. 200/- and in default of payment of fine, to further undergo SI for two months. They were also held guilty u/s 323/149 IPC and sentenced to three months' RI. Appellants Vishnu and Kanta have also been held guilty for offence u/s 148 IPC and sentenced to RI for one year, whereas other appellants have been held guilty u/s 147 IPC and sentenced to undergo RI for six months.

(2.) WHEREAS in the occurrence stated to have taken place at 7 p. m. on 28. 8. 1995, Sukhlal died due to injuries suffered by him allegedly at the hands of the appellants and some others who were not sent for trial by the police, Babulal, Harmukh, Birma Bai, Sua Bai and Raj Bai were injured. FIR (Ex. P. 1) with regard to the incident was lodged on 29. 8. 1995 at 6. 30 a. m. by Babulal (PW-1 ). Formal FIR came to be recorded at 10. 15 a. m. on the same very day. Special report reached the concerned Magistrate on 30. 8. 1995 at 11 a. m.

(3.) HE proved injury report (Ex. P. 14) with regard to Harmukh.