MODU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is preferred against the judgment dated 31st May, 82' passed by the Sessions Judge, in Session Case No. 23 of 1981 by which, he found the accused -appellants guilty and sentenced each of them as under:

(2.) ACCORDING to the prosecution, one Ramkumar lodged a report at P.S. Lakheri, on 24th November, 1980, at about 2 P.M. to the effect that in the morning, at about 9 AM, he along with his father Gopal (deceased) had gone to their field for harvesting Jawar. For the purpose, his father went to 'Pachaliya -Ki -Doli -Wallah field, and he, to Batwala field nearby Adjacent to their field, there was a field of one Ramchandra Rewari, where in Garuria, Balfa and Modu were standing at that time. He started harvesting crop. At about 9 AM, he heard some hue and cry coming from the 'Panchaliya -Ki -Doliwallah' field. On hearing the said cries, her an to words that field where his father was harvesting Jawar. There he was that Modu, Balfa and Garuria were beating his father with axe and lathis, and they were telling as to whether he would be giving evidence relating to Kalyan. As a result of the said beating, his father fell down on the ground, and was lying there. All the three accused persons continued beating his father, and then leaving him ran towards him saying that he would face dire consequences. Modu according to him, was armed with an axe, who inflicted blow with it on the left side of his check. Garuria armed with a lathi inflicted blow with it on his head. Balfa armed with a lathi also inflicted blow on the right side of his head. On account of this beating, he also raised a hue and cry, saying 'Bachao Bachao.' Hearing his cries, Manna, elder brother of his father came to the spot. All the three accused persons then inflicted injuries to Manna also. Again hearing the cries, Kanhaiyalal Gujar, who was cutting grass on a nearby Dungar, came to the Spot. The accused persons seeing Kanhaiyalal Gujar coming to words them ran away from the scene of occurrence. Gopal died at the spot. On this report, as case Under Section 302, 447 and 342/34, IPC, was registered and investigation started.

(3.) THE learned Sessions Judge, after completing the trial; perusing the record of the case; and hearing the arguments of both the sides, found the accused persons guilty and sentenced each of them as mentioned above.