MOHAMMAD INDRIS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned Public Prosecutor for the State, perused the record of the case and considered the judgment delivered by the learned lower Court. 15 persons including the six appellants were committed to the Court of District and Sessions Judge, Banswara for trial. They were charged under Sections 302, 147, 302/49 I.P.C.

(2.) On their pleading not guilty to the charges; the prosecution adduced evidence in support of its case, the statements of the accused under Section 313, Cr. P.C. were recorded, and in defence no witness was examined.

(3.) After hearing the parties, the learned District and Sessions Judge convicted Mohammed Indris, Heera, Velia alias Velji, Dhanji, Dungar and Bhurji under Section 302 read with Section 149, I.P.C. and sentenced them to imprisonment for life and to pay a fine of Rs. 50/- each and undergo rigorous imprisonment for one month in default of payment of fine. The appellants were also convicted under Section 147, I.P.C. and sentenced to one year's rigorous imprisonment and to pay a fine of Rs. 100/- each and to undergo one month's rigorous imprisonment in default of payment of fine. The remaining 9 accused persons were acquitted of the charges framed under Sections 147 and 302/149, I.P.C. The State has not filed any appeal against the acquittal. Feeling aggrieved by the judgment of conviction as well as sentence the six appellants have come to this Court in appeal.