MANOHAR SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 15.8.2008 infront of temple of Ramdevji in Village Manda in presence of Prahlad (P.W. 17), Gulab Ji (P.W. 15) and Bhairu Lal (P.W. 16), Nand Singh appellant to D.B. Criminal Appeal No. 447/2010 and Manohar Singh appellant to D.B. Criminal Appeal No. 814/2010 had abused Badrilal and have made derogatory comments regarding his caste. It was further case of the prosecution that on 17.8.2008 appellant Manohar Singh alone gave beating to Badrilal with a lathi. The incident was witnessed by Dinesh (P.W. 3), Chetan Kumar (P.W. 8), Jeetmal (P.W. 11) and Dhanna Lal (P.W. 13). The Court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota vide impugned judgment dated 26.6.2010 convicted Manohar Singh appellant for offences under Ss. 302, 447, 504 IPC and Ss. 3(1)(10) and 3(2)(5) of SC/ST (Prevention of Atrocities) Act (for brevity, the Act), whereas convicted Nand Singh appellant for offence under Sec. 504 IPC and Sec. 3(1)(10) of the Act. Having convicted the appellants for the above said offences, the trial Judge vide a separate order of even date sentenced both the appellants as under: -

(2.) Aggrieved against his conviction and sentence, Manohar Singh preferred D.B. Criminal Appeal No. 814/2010, whereas Nand Singh instituted S.B. Criminal Appeal No. 447/2010 and due to filing of appeal by co -accused, same has been treated by the office as a DB Appeal. We shall decide both the appeals together.

(3.) Ramdayal (P.W. 2) son of the deceased submitted a written report (Ex. P. 1) before the SHO, P.S. Ramganj Mandi, District Kota. On the basis of written report (Ex. P. 1), formal FIR (Ex. P. 2) bearing FIR No. 194/08 was registered at P.S. Ramganj Mandi, Kota.