MODU AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the Additional Sessions judge, Bundi dated 9 -10 -71 by which he convicted Modu appellant under Section 304 part II IPC and sentenced him to undergo rigorous imprisonment for five years. He was also convicted under Section 323 IPC and sentenced to rigorous to imprisonment for six months Both the sentences were directed to run concurrently. By the same judgment appellant Badri was convicted under Section 323 IPC and sentenced to undergo rigorous imprisonment for six months.

(2.) I heard the arguments  and perused the record.

(3.) DARING investigation, the Police Officer arrested the accused next day. Upon the information of accused Modu, be recovered a lathi, vide memo Ex. P6 dated 26 -3 -71, He had prepared the site plan Ex. P1 on 24 -3 -71.