PARMANAND Vs. STATE

JUDGEMENT

(1.) Kanhiram @ Kanhaiyalal son of Ganesh Ram, Nand Kishore son of Kanhiram, Kalulal son of Badri Lal and Parmanand son of Chanda were sent for trial in case arising out of FIR No. 41/86, registered at Police Station Sarola Kalan, District Jhalawar, initially for offences under Sections 147, 148, 149, 341 and 323 IPC, but subsequently, due to death of the complainant/first informant Moti Lal, offence under Section 302 IPC was added.

(2.) The case of the prosecution, in nutshell, as it emerged in the charges framed against accused, is that on 13.4.1986, in the evening at about 6:30 - 7:00 PM, they being five in number constituted an unlawful assembly in village Bherupura, with an intention to cause injuries to Moti Lal son of Panna Lal and Kaushalya Bai (P.W.1) daughter-in-law of Moti Lal. The second charge stated that because of injuries caused by all the five accused Moti Lal died and thus, they committed the offence punishable under Section 302/149 IPC. For causing simple injury to Kaushalya Bai (P.W.1), accused were also charged for the offence under Section 323/149 IPC.

(3.) We may notice here that fifth accused namely Tarachand during the course of trial was determined as juvenile in conflict with law and his case was entrusted for trial to the concerned Juvenile Justice Board.