STATE OF RAJASTHAN Vs. SHER SINGH

JUDGEMENT

(1.) THE State has filed this application for leave to appeal in a case under Sections 302, 307, 147, 148, 436 and 323/149, IPC.

(2.) THE police submitted a challan against 25 persons under Sections 302, 307, 147, 148 and 326/149, IPC. The accused persons were tried by the Addl. Sessions Judge, Kishangarh Bass, Alwar, who vide his judgment dated 13th Feb., 1986 convicted only 6 accused persons, namely, Chander, Roopchandra, Roshan, Sheonarain, Randhir and Jangli for offences under Sections 323 and 447, IPC. Sheonarain further has been convicted for offence under Section 436, IPC. He acquitted these accused persons of the charges under Sections 302, 307/149, 147 and 148 IPC. the learned Addl. Sessions Judge also acquitted the remaining 19 accused persons of all the charges levelled against them.

(3.) THE learned Public Prosecutor, while referring to the judgment of the learned Addl. Sessions Judge, argued that the learned Addl. Sessions Judge has not been able to appreciate the evidence on record in its right perspective. He argued that when the accused persons came in 2 tractors to the field of the deceased, 6 of them who have been convicted by the learned Addl. Sessions Judge, entered into the field; and Sheonarain set the hut of the deceased on fire, and that the remain accused persons remained standing outside surrounding the field as well as the hut of the deceased. He also argued that when the hut was set a fire, the deceased came out of it and when he wanted to run away, all the accused persons surrounded him and gave him beating, resulting in his death. So, his argument was that the accused had a common object, who had formed an unlawful assembly; and that, it is clear from the evidence of the prosecution witnesses that in furtherance of their common object, they all inflicted blows to the deceased So, according to the learned Public Prosecutor, they have been wrongly acquitted by the learned Addl. Sessions Judge. The case is clearly established against the accused persons they having formed an unlawful assembly, and with the aid of Section 149, they all are liable to be convicted for offence under Section 302, added the learned Public Prosecutor.