KAPTAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374 Cr.P.C. has been filed by the appellants herein challenging judgment dtd. 20/11/1989 passed by learned Additional Sessions Judge, Dholpur in Sessions Case No.82/1986 whereby the appellants have been convicted and sentenced as under:-

(2.) The brief facts of the case, as emerging from the record, are that the injured Ramji Lal (PW-3) submitted a parcha bayan to the police at Sadar Hospital, Dholpur, stating that on 19/7/1985 at about 8:00 a.m., he, along with Puran and Prem Singh, had gone to their agricultural field for the purpose of cultivation. While they were engaged in agricultural work, the accused-appellants arrived at the spot armed with bhalas and lathis and assaulted them. In the said incident, a total of eight persons sustained injuries, both simple and grievous in nature. On the basis of said parcha bayan, FIR No.70/1985 came to registered against the appellants at Police Station Mania, District Dholpur for offences punishable under Ss. 147, 148, 149, 324, 307, 323 and 447 of the IPC.

(3.) After completion of investigation, Police filed charge-sheet against the appellants for the aforesaid offences. Thereafter, the learned trial Court framed charges against the appellants. The appellants denied the charges and claimed trial.