RADHEYSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant, Radheyshyam, along with four members of his family and his sister Smt. Gobri Bai, have instituted present appeal, under Section 374 of the Code of Criminal Procedure, 1973, in order to assail the judgment rendered by the Court of Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Cases, Bundi, whereby Radheyshyam, his three sons, namely Vishnu, Nawalkishore and Rinkesh @ Rinku, his wife Smt. Geeta Bai, and sister Smt. Gobri Bai daughter of Heera Lal, have been held guilty for offences punishable under Sections 147, 148, 302, 302/149 and 323 of Indian Penal Code.

(2.) HAVING convicted the appellants for the above said offences, the trial Court, vide a separate order of even date, sentenced them as under : - Accused -appellant No.2, Vishnu : Under Section 148 read with Section 147 I.P.C. to undergo one year rigorous imprisonment and to pay a fine of Rs.500/ -. In default of payment of fine to further undergo one month simple imprisonment. Under Section 323 I.P.C. to undergo three months simple imprisonment and to pay a fine of Rs.200/ -. In default of payment of fine to further undergo seven days simple imprisonment. Under Section 302 I.P.C. to undergo life imprisonment and to pay a fine of Rs.2000/ -. In default of payment of fine to further undergo one year simple imprisonment. Remaining accused -appellants No.1, 3 to 6 : Under Section 148 read with Section 147 I.P.C. to undergo one year rigorous imprisonment and to pay a fine of Rs.500/ -. In default of payment of fine to further undergo one month simple imprisonment. Under Section 323 I.P.C. to undergo three months simple imprisonment and to pay a fine of Rs.200/ -. In default of payment of fine to further undergo seven days simple imprisonment. Under Section 302 read with Section 149 I.P.C. to undergo life imprisonment and to pay a fine of Rs.2000/ -. In default of payment of fine to further undergo one year simple imprisonment."

(3.) THE trial Court had recorded acquittal of the appellants for offence punishable under Section 3 (2) (5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.