KISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Additional Sessions Judge No. 2 Alwar dated 21 -7 -1975 whereby the learned Sessions Judge has held the accused Kishna and Amichand guilty of the offence under Sections 147, 302/149, 307/149, 325/149 and 323/149 and has sentenced each one of them to one year's rigorous imprisonment on the first count; to imprisonment for life and a fine of Rs. 500/ - and in default of payment of fine to further undergo three months rigorous imprisonment on the second count; to 7 years rigorous. imprisonment and a fine of Rs, 500/ -and in default, to undergo three months' rigorous imprisonment on the third count and to two years rigorous imprisonment and a fine of Rs. 200/ -and in default, to undergo one months rigorous imprisonment on the fourth count and to three months rigorous imprisonment on the last count. Accused Amichand was further convicted under Section 148 IPC and sentenced to one year's rigorous imprisonment. All the substantive sentences were ordered to run concurrently.

(2.) ACCUSED Ramjilal who also faced trial along with these accused -appellants has been acquitted by the learned lower court by giving him the benefit of doubt.

(3.) PW 2 Ramprasad lodged a written report Ex. P. 3 and on the basis of which, a formal FIR Ex. P. 20 was drawn. The written report Ex. P. 3 was presented at Police Station Bansur at about 2.45 p.m. on 5 -7 -1971 in which names of the accused persons and their companions and some of the witnesses have been mentioned. The case was registered and the police reached the spot and conducted the spot investigations. 19 accused persons were arrested and a challan was put against them. All those 19 accused have faced their trial in the Court of learned Sessions Judge, Alwar in Sessions case No. 80 of 1972, which was decided by the learned Sessions Judge vide his Judgment dated 5 -3 -1973. The learned Sessions Judge acquitted all the 19 accused -persons by giving them the benefit of doubt.