NANU RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The three appellants before us have been convicted and sentenced by the Additional Sessions Judge Jhalawar by his Judgment dated 2nd Feb., 1994 as under; <FRM>JUDGEMENT_76_LAWS(RAJ)11_19951.html</FRM>

(2.) At the same time, the learned Additional Sessions Judge has ordered that if the appropriate Government has passed any order under Sections 433A, 432 and 433 Cr.PC then the period spent by the accused in jail during the investigation and trial be set off against the punishment. Against this conviction and sentence the appellants have preferred this appeal.

(3.) The incident out of which the case arises occurred on 22nd Dec. 1991 in village known as Chak of Moja Badia within the jurisdiction of Police Station Jalnawar. The report of the incident was lodged on the next day i.e. in 23rd Dec., 1991 at 9.15 a.m. at the police station Asnawar by Kalu P.W. 3, who is the father of the deceased Chandmal. According to the report at about 10.00 p.m. on 22nd Dec., 1991 he heard sounds of pelting stones and went out. His son Chand Mai went ahead of him. Nanu Ram, Mangi Lal and Balia accused were standing there. Balia hit stone on the head of Chandmal. Mangi Lal caught hold of him and Nanu Ram struck a blow by a Ballam (spear) on the neck near the ear. Chandmal became unconscious and fell down. Some neighbors immediately came at the site on hearing cries and saw the accused giving beating to Chandmal. Chandmal died after a while. They could not report the matter as it was late night. In the morning when they were proceeding to the police station to lodge the report Nanu Ram accused pelted stones on Phool Chand, brother of the deceased. An incident which occurred before two years ago was also mentioned in order to show enmity on account of which the present incident occurred.