MURARI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) All these three appeals arise out of the same judgment of the Sessions Judge, Jhunjhunu, dated 23rd No., 77, and hence, they are being disposed of by this common judgment. D. B. Cr. Appeal No. 148/78 has been preferred by the State of Rajasthan, by which, he acquitted the accused respondents of the offence under section 302, Penal Code or 302/149, IPC. The learned Sessions Judge has, however, found the accused persons Murari, Girdhari, Bhanwarial, Hariram, Banwari Lal and Naresh guilty under section 304, Part-II, IPC, and sentenced each of them to 7 years, RI, and a fine of Rs. 500.00, and in default of payment of fine, to further undergo 3 months, RI each. He also found accused Naresh, Basantlal, Hariram and Murari guilty of the offence under section 325, IPC, and sentenced each of them to 5 years R1 and a fine of Rs. 500.00, and in default of payment of fine, to further undergo 3 months RI each. He also found accused Girdhari and Bhanwarial guilty of the offence u/s- 325/149, IPC, and sentenced each of them, to 5 years RI and a fine of Rs. 500.00, and in default of payment of fine, to further undergo 3 months RI All the accused persons were also found guilty of the offence under sections 323 & 147, IPC, and sentenced to 2 months RI under section 323 IPC& 1 years RI each under section 147, IPC. All the substantive sentences were ordered to run concurrently.

(2.) The learned Sessions Judge acquitted accused Nandlal and Mahadev of the charges levelled against them. He also acquitted all the accused persons of the offence under section 302 or 302/149, IPC.

(3.) The State has preferred D. B. Cr. Appeal. No. 148/78, against the acquittal of the accused persons under section 302 or 302/149, IPC.