BHOLA ALIAS RAM PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned Sessions Judge, Alwar, dated June 27, 1985, by which the accused appellants have been convicted and sentenced in the following manner:- Lala alias Munshi: U/s. 302 IPC Imprisonment for life and a fine of Rs. 200/- and in default of payment of fine to undergo 2 years rigorous imprisonment. U/s. 326 IPC Three years rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine, further two years rigorous imprisonment. U/s. 325 IPC Two years rigorous imprisonment and a fine of Rs. 200/-, and in default of payment of fine, one months rigorous imprisonment. U/s. 148 IPC 1 year's rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine, one months rigorous imprisonment. Bhola alias Ram Prasad, Babulal, Mst. Hardei and Mst. Krishna U/s. 148 IPC One years rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine, further one months' rigorous imprisonment. U/s. 324, read with Sec. 140 IPC Three years rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine two months rigorous imprisonment. U/s. 324, read with Sec. 149 IPC Two years rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine, one months rigorous imprisonment.

(2.) THE facts of the case lie in a very narrow compass, which may be seen from the first information report, which was lodged by Khushi Ram P. W. 1, who was injured, He himself was at his field when a quarrel took place between his sons and the sons of Bhola accused and information about the same was conveyed to him by his son Sheo Ram. Sheoram informed that he and his brother Raghuveer were beaten by Babulal and others and the villagers intervened to separate them. At that time Babu Lal said that he would see that the matter does not end there. In the evening Khushi Ram was returning from his field, Babulal came again with Bhola, Lala another Babulal, Hardei and Krishna with lathies and farsies. Hardei caught hold of Khushi Ram and Babulal gave a lathi blow, then the other Babulal, Bhola and Krishna also gave blows. Raghuveer came there on hearing shouts, alongwith Budhram. Lala accused gave a farsi blow to Raghuveer and also a farsi blow on Budh Ram. Other accused gave lathi blows on Raghuveer, when he was lying down. Raghuveer became unconscious. This incident is said to have occurred on 31. 7. 1982, at about evening time and a case was registered on the statement of Khushi Ram, who was injured and admitted in the hospital. THE learned Sessions Judge, Alwar, considered the evidence and found that the incident arose out of a trifle matter, which was that Slier Singh and his sister Mst. Bramha were coming with their buffalo, then this buffalo climbed the Chabutra of Babulal, upon which he got annoyed and gave a slap to Mst. Bramaha. Sher Singh made a complaint about this incident to his mother and his mother went to Babulal and protested. Upon this, accused Babulal and Lala hurled abuses at them and the small incident of the buffalo going on the Chabutra, led to the incident in question, in which Raghuveer lost his life and other received injuries. According to the learned counsel for the appellants, the accused persons also received injuries in this case and there is no explanation of their injuries. According to him the offence committed by the accused does not fall under Sec. 302 IPC but it is a case where the incident occurred on the spur of the moment upon a sudden quarrel in a sudden fight and there can be no occasion for all the accused persons forming an unlawful assembly and having a common object of causing the death of any person. According to him Raghuveer deceased received only three injuries and it is only unfortunate that he died as a result of one of them.

(3.) UNDER Section 326 IPC imprisonment for two years and a fine of Rs. 1,000/- in default of payment of fine to suffer rigorous imprisonment for four months. Both the sentences shall run concurrently. Accused Babu and Bhola For the offence under Section 325 IPC, the sentence of three months and four days already undergone is sufficient and besides this they shall pay a fine of Rs. 500/- each. In default of payment of fine, they shall undergo rigorous imprisonment for two months each.