PRAHALAD AND ORS. Vs. STATE

JUDGEMENT

(1.) Karna son of Unkarnath, Prahlad son of Kesarnath, Babunath son of Badrinath, Ramesh @ Ramsahai son of Jamnanath, Ramphool son of Unkarnath, Badrinath son of Gendinath, Kesarnath son of Gendinath and Surajnath son of Unkarnath, were tried by the court of Sessions Judge, Tonk in Sessions Case No.17/1985 in case arising out of FIR No.27/85, registered at Police Station Baroni, Tonk.

(2.) The court of Sessions Judge, Tonk, vide impugned judgment dated 12.8.1988, acquitted Ramphool for the offences under Sections 147, 302/149, 323/149 IPC. However, Ramphool was held guilty of offence under Section 325 IPC for having caused grievous injury with blunt weapon to Durganath (P.W.3). The trial Judge further acquitted Ramesh, Babunath, Badrinath, Kesarnath and Surajnath for the offences under Sections 147, 302/149 and 325/149 IPC. But the trial court convicted Ramesh, Babunath, Badrinath, Kesarnath and Surajnath for the offence under Section 323 IPC. The trial Judge, however, convicted Karna and Prahlad for the offences under Sections 323 and 302 IPC but acquitted them of offences under Sections 147 and 325/149 IPC. Thus, it is apparent that the trial Judge held that the accused party in no way constituted an unlawful assembly and Section 149 IPC is not to be applied qua offence of murder, as each accused is responsible for his individual act.

(3.) The present appeal has been filed by Prahlad and Karna, who were held guilty of offences under Sections 323 and 302 IPC. The trial Judge, for the offence under Section 302 IPC sentenced the appellants to undergo life imprisonment. The trial Judge, however, has not awarded any sentence upon the appellants qua offence under Section 323 IPC.