HAMTA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 22. 12. 89, passed by the Additional Sessions Judge No. l, Udaipur, by which the learned Additional Sessions Judge convicted the appellants for the offences under Sections 302/149 and 148 I. P. C. and sentenced each of them to undergo imprisonment for life and a fine of Rs. 500/- each and in default of payment of fine further to undergo three months' rigorous imprisonment for the offence under Section 302 IPC and one year's rigorous imprisonment and a fine of Rs. 250/- each and in default of payment of fine further to undergo one month's rigorous imprisonment for the offence under Section 148 IPC.

(2.) THE appellants, alongwith co-accused Galba, were tried by the learned Additional Sessions Judge No. l, Udaipur, for committing the murder of Joga S/o Bhura in the field after forming an unlawful assembly and by inflicting injuries to him by Kulharis and Lathis. THE case of the prosecution is that on 20. 8. 86, in the evening, deceased Joga was in his field. All the six accused reached in the field of Joga. Bhura's wife Smt. Hankli (the mother of the deceased) was grazing her she-goats. All the accused inflicted injuries to Joga by Kulharis and Lathis. Joga raised alarm. Hearing his alarm, Bhura, his son Mansa and daughter Shanti came at the place of the incident. Mansa tried to rescue his brother Joga. Appellant Barsa inflicted injury to Mansa. Bhura's wife Smt. Hankli, who was grazing the she-goats, raised alarm, which attracted Bhoota, Roda and Dewa, who came there running. On seeing these persons coming, the accused ran away. Joga was brought to the house where he succumbed to the injuries. THE prosecution, in support of its case, examined thirteen witnesses. THE appellants did not examine any evidence in their defence. THE learned trial Court, after trial, convicted and sentenced the accused-appellants as stated above. However, the learned trial Court acquitted accused Galba of the aforesaid offences by giving him the benefit of doubt.

(3.) IN the result, the appeal, filed by the appellants, is partly allowed. The conviction of appellant Hamta for the offence under Section 302/149 IPC is altered to Section 302 IPC simplicitor and he is sentenced to undergo imprisonment for life and a fine of Rs. 500/- and in default of payment of fine further to undergo three month's rigorous imprisonment. The conviction and sentence of the accused-appellant Hamta for the offence under Section 148 IPC, awarded by the learned trial Court, are maintained. Both the sentences shall run concurrently. Appellants Lakhma, Neta, Barsa and Ganiya are acquitted of the offence under Section 302/149 IPC. but they are convicted for the offence under Section 326/149 IPC and each of them is sentenced to five years' rigorous imprisonment and a fine of Rs! 500/- and in default of payment of fine each of them to further undergo three months' rigorous imprisonment. Their conviction and sentence for the offence under Section 148 IPC are maintained. Both the sentences shall run concurrently. (8) Appellants Lakhma, Neta, Barsa and Ganiya are in jail since 22. 12. 89. They have served out the sentence imposed against them. They shall be released forthwith if they are not required in any other case. .