SHYAM SWAROOP ALIAS SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Addl. Sessions Judge (1), Baran under his judgment dated 31 -8 -1981 convicted accused Sheopal Under Section 302 and 148, IPC. Under the former count, the accused Sheopal has been sentenced to imprisonment for life and a fine of Rs. 100/ -, in default of payment of fine to further undergo two months rigorous imprisonment. Under the latter count, he has been sentenced to two years rigorous imprisonment and a fine of Rs. 100/ -, or in default of payment of fine to further rigorous imprisonment of two months. The other accused -appellants Shyam Sarup, Ram Sarup, Ram Gopal, Badri Lal and Birdhi Lal have been convicted Under Sections 147 and 302/149, IPC and each of them has been sentenced to one year's rigourous imprisonment and a fine of Rs. 50/ -, or in default to one month's rigorous imprisonment Under Section 147, IPC and Under Section 302/149, IPC to undergo imprisonment for life and a fine of Rs. 100/ -, or in default of payment of fine to further two months rigorous imprisonment. The substantive sentences of all the accused have been ordered to run concurrently.

(2.) IN brief, the case of the prosecution is that on 20 -9 -1980 at about 11 -30 or 12 -00 in the noon deceased Mathura had gone to his well along with bullocks. It is alleged that all the accused -appellants went there armed with weapons and accused Sheopal was armed with a Kuntia and the other accused were armed with lathis. They started giving simultaneous blows with their respective weapons to deceased Mathura and witnessing this Nandlal (PW 3) rushed to the house of Kalulal (PW 5), father of Mathuralal where Ramratan (PW 4) was also present. The said Nandlal informed that Mathuralal was being beaten by the accused persons and Ramratan (PW 4) and Kalulal (PW 5) ran towards the place of occurrence, and from a distance they are said to have witnessed the occurence. It is alleged that accused Sheopal who was armed with a Kuntia, gave blows to Mathuralal, while the others gave lathi blows. Mathuralal was thus injured and was taken away in that condition, but he died later on.

(3.) IN the opinion of Dr. Lahoti the injuries Nos. 1,2,3 and 4 were caused by sharp edged weapon and injuries Nos. 5 and 6 were caused by blunt weapon.