SABAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE these two appeals- one by the State and the other by the convicted persons-are directed against one and the same judgment of the learned Sessions Judge, Balotra dated December 20, 1979, they were heard together and are decided by the single judgment. By the judgment aforesaid, the learned Sessions Judge acquitted the accused Sawai Singh and convicted and sentenced the four appellants as under:- S. No. Name of accused u/sec. Sentenced imposed 1. Sabal Singh 302,302/149 I. P. C. Imprisonment for life with a fine of Rs. 500/- in default of payment of fine to further undergo four years rigorous imprisonment. 148, IPC Two years rigouous imprisonment and a fine of Rs. 1000/- in default of the payment of fine to further undergo six months like imprisonment. 2.Sagat Singh 302/149, IPC Imprisonment for life and a fine of Rs. 3000/-, in default of the payment of fine to further undergo rigouous two year imprisonment. 147, IPC Rigouous imprisonment for one year and a fine of Rs. 500/- in default of the payment of fine to further undergo four months rigorous imprisonment. 3. Chandan Singh 302/149, IPC Imprisonment for life and a fine of Rs. 3000/- in default of the payment of fine to further undergo two years rigouous imprisonment. 147, IPC Rigouous imprisonment for one year and a fine of Rs. 500/-, on default of the payment of fine to further undergo four months like imprisonment. 4. Koopsingh 302/149, IPC Imprisonment for life and a fine of Rs. 3000/-, in default of the payment of fine to further undergo two years rigouous imprisonment. 147, IPC Rigouous imprisonment for one year and a fine of Rs. 500/- in default of the payment of fine to further undergo four months like imprisonment.

(2.) THE State has come-up in appeal against the acquittal of accused Sawai Singh while the accused persons have taken the appeal to challenge their convictions and sentences.

(3.) COUNTERING these contentions, the learned Public Prosecutor submitted that the culprits were six in number. One of them had a Kassi while the others had Lathies. They made a joint assault on the deceased and belaboured him. Two of the injuries were inflicted on the vital parts of the body of the deceased. The case is. therefore, covered by Clause Secondly of Section 3 0, IPC because the act was done with the intention of causing such bodily injury as the offenders new to be likely to cause the death of the deceased. We have bestowed our thoughtful consideration to the respective submissions made at the bar.