BANSHI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred on behalf of 35 accused appellants Banshi Lal, Nanakram and Ramu to assail the judgment dated 28.03.1995 whereby learned trial court has convicted the accused Ramu for the offence under Section 325 IPC and awarded the sentence of one year rigorous imprisonment along with fine of Rs. 500/-. Default sentence for two months simple imprisonment was also awarded. Accused Nanag Ram and Banshi were convicted under Section 323 IPC but both of them were given benefit of the probation under section 3 of Probation of Offenders Act ('the Act') in regard to the aforesaid conviction. Accused Ramu was acquitted for the offence under Sections 307 and 452 IPC. Accused Nanag Ram and Banshi were acquitted for the offence under Section 307/34 and 452 IPC.

(2.) None came present on behalf of accused-appellants to argue the appeal.

(3.) I critically examined the judgment impugned dated 28.03.1995 in light of the material available on record. Briefly stated, the prosecution story is that Raj Kumari and Kamla, daughters of Kanhaiya Lal were married to accused Banshi and Nanag Ram about 5 years ago. On 15.06.1994 at about 7 p.m. Banshi, Nanag Ram and Ramu entered into the house of complainant Kanhyaiya Lal being armed with 'lathis' and objected as to why Raj Kumari was not sent to their house along with money demanded. All the accused started beating Chaman Lal and assaulted upon his head by 'lathi'. He started bleeding and also sustained injury on his left elbow and over his left eye.