MAHAVIR AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20.5.1994 passed by the learned Sessions Judge, Bundi, in Sessions Case No. 32/90, by which, the learned Sessions Judge convicted the accused appellants for the offences under Sec. 302/34, 325/34, 323 Penal Code and passed the following sentences: <FRM>JUDGEMENT_95_LAWS(RAJ)7_19961.html</FRM>

(2.) In short, the prosecution case is that injured Sheoji and deceased Bhanwar Lal were brother. On 29.12.1989, injured Sheoji lodged oral report at Police Station, Sadar, Bundi to the effect that he and his brother were having cattle and on that day. Bhanwar Lal went to search she goat in the Rewad (herd), he met him in the way and when both were coming, in the way appellants met them. At that time Mahavir was having a Gandasi and Devraj was having lathi. It is alleged that both the appellants started beating them with Gandasi and lathi. On hearing the hue and cry Balaji Gujar, came there and on seeing him they both ran away. On the basis of this report a case FIR No. 228/89 was registered U/ss. 341, 323/34, 307 IPC. As Bhanwar Lal died on 2.1.1990 due to injuries sustained by him during this incident, the case was converted from offence U/s. 302 IPC.

(3.) After usual investigation a charge-sheet for the offences under Sections 302, 325, 341, 323 filed in the Court of Additional Chief Judicial Magistrate, Bundi, who committed the case for the Court of Session Judge, Bundi. After hearing both sides charges U/ss. 302/34, 325, 323 again accused Devraj and U/ss. 302, 325/34, 323 Penal Code the accused Mahavir were framed. Accused pleaded guilty and claimed to be tried. The prosecution examined 16 witnesses, the statements of accused were recorded U/s. 313 Crimial P.C. and in defence DW 1 Ramdhan, DW 2 Sukhdeo were examined. Both the accused have denied all the allegations levelled against them and have stated that the statements of the prosecution witnesses are false.