MANGILAL AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Additional Sessions Judge, Baran, dated 27th August, 1971, by which he convicted the accused appellants Mangilal and Ladhoolal under Section 304 part II, I.P.C. and sentenced them to rigorous imprisonment for five years and three years respectively.

(2.) I have beard arguments and perused the record. The prosecution case appears to be that on 24th October, 1969, Prabhulal Teli of village Talav within police station Khatoli, District Kota, with his wife Mat. Pushpa went to cultivate his land known as 'Beed Kankad' in the after -noon. After sometime accused Nathulal, Mangilal, Ladhoolal and Jailal also came there. Since Prabhulal was plaguing the field on the northern side , the accused began to do so from the opposite side. He approached and asked them not to plough his field. Thereupon, the accused persons are alleged to have begun beating him with Chakkar, Parnia. Lathi and gadansi, in furtherance of their common intention to cause his death. Mst. Pushpa PW 1 seeing her husband so besieged ran to his help but by the time she reached the place of occurrence, Prabhulal was already dead. It is further alleged that besides her, the other witnesses of the occurrence were Ram Narain PW3, Bimda, Kalyan PW2, Radhey Shyam PW6 and Bhanwar Lal PW 7, Mst. Pushpa ran weeping to wards the village and returned with some persons Motilal, Brijmohan and Mst. Pushpa remained near the dead body, while Madanlal PW 13 and Phoolchand lodged the report Ex. 9/11 in the police station.

(3.) AFTER the investigation and inquiry was completed, the learned Munsif Magistrate, Baran committed all the four persons for trial under Section 302/34 IPC.