GOPI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE three appellants Gopiram, Bhomaram and Rooparam have been convicted under sec. 302 read with sec. 34 I. P. C , and sentenced to imprisonment for life and a fine of Rs. 100/- each by the learned Sessions Judge, Bikaner on August 25, 1981. THEy have therefore, come up in appeal.

(2.) THE learned counsel for the appellants has very candidly not disputed the prosecution story so far as the causing of injuries and the resultant death of Shaktaram. He has only contended that taking the prosecution story as it is, the offence under sec. 302 read with sec. 34 I. P. C. cannot be said to have been made out against the appellants and they can be held guilty only under sec. 304 part II or at most 304 part I, I. P. C.

(3.) AS regards the sentences, it may be observed that the accused have been in custody ever since their arrest in May 1980 and thus they have already suffered more than 6 years' rigorous imprisonment. We are of the opinion that the substantive sentence already undergone would be sufficient.