KISHORE Vs. STATE

JUDGEMENT

(1.) The above four appeals arise out of the judgment dated 31st Aug., 1982, passed by the learned Addl. Sessions Judge No. 2, Alwar, in Sessions Case No. 13 of 1982. against the judgment dated 31.8 82 passed by Sb. Khem Chand, Addl. Ss. J. No. 2 Alwar in Ss. Case No. 13/1982.

(2.) Accused Kajod and Matmol have filed D.B Cr. Appeal No. 402/1982, The appeal filed by Kishore bears D.B. Cr. Appeal No. 403/1982. Kishore also preferred a jail appeal which bars D.B. Cr. Appeal (Jail) No. 506/1983. The State has also filed an appeal against Kajod and Matmol in regard to their acquittal under Section 302, IPC. The learned Addl. Sessions Judge by his judgment convicted and sentenced the accused-appellants as under:- <FRM>JUDGEMENT_89_LAWS(RAJ)10_1986.html</FRM> All the substantive sentences were ordered to run concurrently.

(3.) Briefly stated the facts of the case are that a case was registered against the accused appellants on the basis of Ex.P/3, Parcha-bayan, written by Man Mohan and recorded by Omveer Singh (PW7), at 4 p.m on 4th April, 1982 As per Ex. P 3 Parcha-bayan, Man Mohan Singh was residing at his house on 4th April, 1982 at 5 p.m. He heard noise of cutting of woods in a garden. The cutting of woods was being done by Badri and Kailash. On their refusal not to cut the woods, Badri and Kailash were pushed out of the garden by Man Mohan. It is stated that Kishore, Smt. Mangli and Smt. Kalii came there, armed with Lathis. The case of the prosecution further is that Kishore inflicted lathi blows on the head of Kanhaiya Lal and the third lathi blow was inflicted by him at the temporal region, near the eye of Kanhaiya Lal He also inflicted one lathi blow on the of Kanhaiya Lal Matmol gave a lathi blow on the left elbow of Kanhaiyalal. Matmol is also alleged to have given lathi blows on the legs of Man Moham. As regards Kajod it is alleged in the Parcha-bayan that he gave lathi blow on the leg of Mani Ram. Kanhaiyalal was taken to the hospital when he succumbed to his injuries The police initially registered a case under Section; 147, 148, 149, 307 and 452. Penal Code and. after the death of Kanhaiya Lal the investigation was converted from Sec. 307, Penal Code to Sec. 302, IPC. During the coursed investigation the appellants were arrested on 11th April, 1982.