CHIRANJI LAL & ANR. Vs. THE STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29-5-78 of the Addl. Sessions Judge (1), Alwar passed in Sessions Case No. 49/77, whereby the learned Addl. Sessions Judge convicted the appellants u/s 302/34, Penal Code and sentenced both the appellants to imprisonment for life and a fine of Rs. 50.00, in default whereof to undergo further 2 months R. I. Accused-appellant Sohanpal was further convicted u/s 325, Penal Code and sentenced to one year's R. I. and a fine of Rs. 50.00, in default whereof to further undergo 2 months R. I. Accused-appellant Chiranji was also convicted u/s 323, Penal Code and sentenced to 3 months imprisonment. Sentences of both the accused-appellants were ordered to run concurrently.

(2.) Briefly stated the facts of the case are that one Bhagwandas, son of the deceased, (PW 1), lodged a report at P. S. Laxmangarh on 1-9-77 at 7 P. M. In that report it was alleged that on 1-9-77 at about 8-9 A- M. his father, uncle and brother Shivdayal were sitting in the field (Baithak) a place where cattle usually sit at night). At that time accused Sohanpal, Asha, Neta Pooran, Smt. Gyarsi, Smt. Chameli, Smt. Dhanni (all acquitted by the trial court except Sohanpal) and Chiranji and Harsahai (acquitted), all armed with Lathis and Pharsis came at the place where the deceased and his brother and son were sitting. Accused-appellant Chiranji asked the deceased (father of the informant) to redeem his land said to be under mortgage. On this the deceased demanded Rs. 2,000.00 being the mortgage money On hearing this, accused-appellant Chiranji exhorted. On this exhortation all the accused inflicted injuries on the person of the deceased. It was stated in the report that the father, uncle and brother of the informant were admitted in Alwar hospital. It was also stated in the report that the facts relating to the occurrence were narrated to the informant by his uncle. On this report a case u/ss. 307. 147 and, 148, Penal Code etc. was registered by the in-charge Police Station and the investigation started. During the course of investigation injured Lalluram succumbed to his injuries The case was then converted under Sec. 302, IPC. After completing the investigation, a challan was submitted against all the nine accused persons named in the F.I.R. in the Court of Munsif & Judicial Magistrate, Laxmangarh u/s 302 and 307. Penal Code etc., who committed all the nine accused for trial The learned Addl. Sessions Judge framed charges against the appellant Chiranji u/s 147. 302 Penal Code and in the alternative u/s 302/149, 325/149 and 323, Penal Code Accused-appellant Sohanpal was also charged for the same offences as Chiranji appellant The other accused persons were also charged under various sections of the Indian Penal Code, but because they have been acquitted by the trial Court, it will not be of any use to mention the charges framed against them. Both the appellants denied the charges framed against them and claimed trial.

(3.) In all 22 witnesses were examined iD the trial Court by the prosecution. Statements of the accused u/s 313, Cr P. C. were recorded Both the appellants denied the allegations levelled against them by the prosecution witnesses It was further stated by the appellants that they will submit a written statement which was submitted before the trial Court. They did not examine any witness in defence. The learned Addl. Sessions Judge after hearing arguments passed the judgment under appeal.