SANWANTARAM SON OF SHARVAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant no.5 having been deceased during the pendency of the appeal, it stood abated against him vide order dated 05.07.2000.

(2.) The Appellants stand convicted by the Sessions Judge, Merta in Sessions Trial No. 64/1984 dated 17.06.1989 under Sec. 302/149 Penal Code to life imprisonment with fine, under Sec. 325/149 to one years rigorous imprisonment with fine, and under Sec. 148 and 323/149 Penal Code to fine.

(3.) PW/3 Janaki, mother of deceased Veerma lodged FIR, Exhibit P/4 on 27.09.1984 at about 9:30 am stating that the deceased was assaulted on 26.09.1984 at about 8.00 p.m. when she was returning from the fields along with her sons, the deceased and PW/4 Jagdish. Eighteen persons namely Pusa, Shrawan, Dayal, Gheesa, Kanha, Parbhu, Sanwta, Banshi S/o Shrawan, Shankar, Bhanwaru S/o Ganesh, Banshi S/o Bhanwaru, Rampal S/o Ganesh, Jeevan S/o Ganesh, Deva S/o Shankar, Dakhudi W/o Bhura, Gyarsi W/o Kanha, Sonki W/o Ganesh, Puna S/o Shankar came on a tractor armed with Farsi, Kassi, axe, lathis and started to assault the deceased and PW/4, Jagdish. The witnesses PW/10, Nathu and PW/11, Geega came running when the accused went away on the tractor. Pusa was armed with an axe, Kanha, Sanwta and Banshi S/o Shrawan and Deva were armed with Farsi and Gheesa with Kassi and rest with lathis.