PHOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON 30.8.2006, at about 6:00 -7:00 PM, in village Beragarh, as per prosecution case, family of Ramlal which included his three sons namely Phool Chand, Mangilal, Harak Chand, Gulab Bai wife of Ramlal, Kasturi Bai and Kesar Bai wives of Phool Chand and Mangilal, respectively, had caused murder of Motilal and also caused injuries to his three sons Bhanwar Lal (not examind), Pappu (P.W.6) and Ram Gopal (P.W.7).

(2.) ALL the above seven accused were tried by the court of Additional Sessions Judge, Aklera, District Jhalawar. The trial Judge vide impugned judgment dated 6.2.2008, acquitted Ramlal, Gulab Bai, Kasturi Bai and Kesar Bai. However, the trial court held Phool Chand substantively guilty of offence under Section 302 and 323 IPC and convicted the accused Mangilal and Harak Chand with the aid of Section 34 IPC for offence of murder and causing simple injuries. The trial court acquitted Phool Chand, Mangilal and Harak Chand for the offence under Section 147 and 148 IPC and also of the charge of murder and simple injuries with the aid of Section 149 IPC by applying Section 34 IPC qua these offences.

(3.) HAVING convicted the appellants, in above terms vide a separate order of even date, the trial court sentenced appellant Phool Chand, Mangilal and Harak Chand as under: -