STATE OF RAJASTHAN Vs. GULAB SINGH

JUDGEMENT

(1.) SINCE both the appeals arise out of the same judgment, therefore, it is just and proper to decide both the appeals together.

(2.) HEARD the learned Public Prosecutor for the State and the learned counsel for the accused who are respondents in the State Appeal No. 458/1978 and appellants in the Appeal No. 409/1978.

(3.) THE prosecution examined Hadwantsingh, P. W. 1, Dharma Shanker P. W. 2, Jumma P. W. 3, Durg Singh P. W. 4, Dr. Sumer Singh P. W. 5, Mohanlal P. W. 6, Bhabutaram P. W. 7, Lachhi P. W. 8, Rama P. W. 9, Bheekha P. W. 10, Poonamchand P. W. 11 and Balwataram P. W. 12, in support of the prosecution story. THE accused persons were examined under Section 313 Cr. P. C. Bheema D. W. 1, Roopsingh D. W. 2 and Garwardan D. W. 3 were examined in defence by the accused persons. After hearing the arguments of the parties, the learned Sessions Judge, Jalore came to the conclusion that only 4 persons, namely, Gulab Singh, Roop Singh, Nimba and Sona had taken part in the assault. THErefore, the charges under Sections 147 & 148 I. P. C. were not made out. He, therefore, acquitted Gulab Singh, Nimba, Roop Singh, Karinga and Jhutha of the charges punishable under Sections 147, 148 and 302/149 I. P. C. Accused Karinga and Jhutha were also acquitted of the charge punishable under Section 323 I. P. C. because in the opinion of the learned Sessions Judge, they have not taken any part in inflicting injuries on Chela. Accused Gulab Singh, Nimba and Roop Singh were, however, convicted under Section 304 Part II read with Sec- tion 34 I. P. C. and Section 323 I. P. C. and sentences were imposed on them as mentioned above.