STATE OF RAJASTHAN Vs. KISHAN SINGH

JUDGEMENT

(1.) These three appeals, D. B. Criminal Appeal No. 445/77 State v. Kishan Singh, S. B. Criminal Appeal No. 218/77 Kishan Singh v. State and S. B. Criminal Appeal No. 219/77 Kalu v. State have been preferred by the appellants against the judgement delivered by the learned Additional Sessions Judge No. 2, Jodhpur in Sessions Case No. 31/75 State v. Kishan Singh and Sessions Case No. 33/75 State v. Gyansingh on 30-4-1977. Sessions Case No. 31/75 State v. Kishan Singh and 12 others and Sessions Case No. 33/75 State v. Gyansingh, were tried together.

(2.) In Sessions Case No. 31/75 State v. Kishan Singh and others, 13 persons, namely, Kishan Singh, Vishan Singh, Babu alias Babulal, Arjun Singh, Karan Singh, Kalu alias Kaliya, Dungarsingh, Tarachand, Achal Singh, Inder Deo, Surendra Singh, Babuda alias Ghanshyam Singh and Mahesh Chandra were tried for offences punishable under Ss. 147, 364, 449, 302 read with S. 149, I.P.C. By the judgement delivered on 30-4-1977, the learned Additional Sessions Judge No. 2, Jodhpur acquitted accused Achalsingh, Inder Deo, Tarachand and Karan Singh of the charges punishable under Ss. 147, 449, 364 and 302 read with S. 149, I.P.C. The remaining 10 accused persons, namely, Kishan Singh, Vishan Singh, Babu son of Pannalal, Arjun Singh, Kalu alias Kaliya, Dungar Singh, Surendra Singh, Babua alias Ghanshyam Singh, Mahesh Chandra and Gyansingh were acquitted of the charges punishable under Ss. 449, 364 and 302 read with S. 149, I.P.C. but they were convicted under Ss. 147 and 325 read with S. 149, I.P.C. For the offence punishable under S. 325, I.P.C. the abovenamed accused persons were sentenced to 3 years rigorous imprisonment and to pay a fine of Rs. 500/- and to undergo rigorous imprisonment for six months in default of payment of fine and for the offence punishable under S. 147, I.P.C. they were sentenced to undergo rigorous imprisonment for two years. The substantive sentences of imprisonment were ordered to run concurrently.

(3.) The State has filed D. B. Criminal Appeal No. 445/77 against the judgement of acquittal in respect of respondents Nos. 1 to 12. The judgement of acquittal passed by the learned Additional Sessions Judge No. 2 in respect of Achal Singh has not been appealed against by the State.