BUDDHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE all these matters arise out of the same occurrence we proceed to decide them by a common order.

(2.) THE appellants, fifteen in number, were put to trial before learned Additional Sessions Judge No. 2 Alwar in Sessions case No. 15/1996. Learned trial Judge vide judgment dated May 15, 2000 convicted and sentenced them as under:- Buddhi, Abdul Rahim and Hamid: U/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/- , in default to further suffer simple imprisonment for six months. Shakoor and Gafoor: U/s. 304 Part I/34 IPC: Each to suffer rigorous imprisonment for ten years and fine of Rs. 2000/-, in default to further suffer simple imprisonment for six months. Himmat: U/s. 326 IPC: To suffer rigorous imprisonment for three years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for six months. Buddhi, Roozdar, Hurmat, Hamid, Hajar Khan, Sapat, Hnif, Majid, Rashid and Ashraf: U/s. 326/149 IPC: Each to suffer rigorous imprisonment for ten years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for six months. Buddhi, Roozdar, Hurmat, Himmat, Hamid, Hajar Khan, Sapat, Hnif, Majid, Rashid and Ashraf: U/s. 148 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months. U/s. 325/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 500/- in default to further suffer simple imprisonment for three months. U/s. 324/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 500/- in default to further suffer simple imprisonment for three months. U/s. 323/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 500/- in default to further suffer simple imprisonment for three months. THE substantive sentences were ordered to run concurrently.

(3.) IN the same incident accused persons also sustained injuries. Accused Buddhi vide injury report (Ex. D. 7a) received following injuries: 1. INcised 6 x 3 x deep upto bone left parietal 2. Lacerated 5 x 2 x 3 left parietal 3. Lacerated 6 x 2 x 2 near mid lien to left 4. Swelling 1/3 right forearm. 5. Bruise Accused Hurmat vide injury report (Ex. D. 8a) received following injuries:- 1. Tender over left thumb 2. Lacerated 4 x 2 x 2 towards the left skull 3. Lacerated behind the injury No. 1. Accused Nawab vide injury report (Ex. D. 9a) received following injuries:- 1. INcised 6 x 2. 5 x 2 left parietal 2. Lacerated 2. 5 x 2 x 2 right parietal 3. Tender 1/3 right leg Accused Sapat vide injury report (Ex. D. 10a) received following injuries:- 1. Abrasion 2x 2 at left wrist 2. Abrasion 6 x 2 middle 1/3 of left forearm 3. Lacerated 1 x 1 x 1 right shoulder 4. INcised 2 x 1/2 x 1 right shoulder Accused Jarina vide injury report (Ex. D. 11a) received following injuries:- 1. Swelling lower 1/3 part of forearm. 2. Lacerated 1 x 1 x 2 mid parietal. 3 Swelling 4 x 2 right shoulder 4. Bruise 6 x 4 left thigh Accused Akbari vide injury report (Ex. D. 12a) received one swelling 6 x 4 cm on upper end of right shoulder. Accused Hamid vide injury report (Ex. D. 13a) received following injuries:- 1. Abrasion 3 x 2cm left forearm 2. Tender 4 x 3 right parietal Accused Himmat vide injury report (Ex. D. 14a) received following injuries:- 1. Lacerated around the terminal phalynx of thumb left 2. Lacerated 2 x 1/2 x 1/2 index finger 3. Lacerated 3 x 1/2 x 1/2 little finger 4. Abrasion 2 x 1 5. Lacerated 4. 5 x 2 x 2 right parietal Accused Ruzdar vide injury report (Ex. D. 15a) received following injuries:- 1. Lacerated 1 x 1 x 1 right knee joint 2. Tender 4 x 3 left knee Accused Hazar Khan vide injury report (Ex. D. 16a) received following injuries:- 1. Swelling 4 x 2 mid line parietal 2. Tender lower incisor teeth.