BHIKKI AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Motiram s/o Mooliram, Surajbhan s/o Heeralal, Mewaram s/o Kanhaiyalal, Natthuram s/o Ratanlal, Haribabu s/o Hetram, Lajja Ram s/o Heera, Jagdish s/o Mewaram, Rameshwar s/o Indralal, Bhikki s/o Moolaram, Suresh s/o Tikaram and Rammi @ Ramesh s/o Kalliram, were tried by the Court of Additional Sessions Judge No. 1, Bharatpur in case arising out of FIR No. 155/84 (Ex.P.27), registered at Police Station Roopwas, District Bharatpur for offences under Sections 147, 148, 149, 452, 336, 307, 323, 324, 504 IPC. Subsequently, due to death of Ram Dayal, injured, offence under Section 302 IPC was added.

(2.) The Court of Additional Sessions Judge No. 1, Bharatpur in Sessions Case No. 41/86 (118/85) rendered the impugned judgment dated 19.2.1987 whereby acquitted seven accused, namely Surajbhan, Mewaram, Natthu Ram, Haribabu, Lajja Ram, Moti Ram and Jagdish of the charges framed under Sections 147, 452, 323/149, 324/149 and 302/149 IPC. Rameshawar accused was convicted for offences under Sections 302, 323/34 and 324/34 IPC, whereas Bhikki was convicted of offences under Sections 323, 324 and 302/34 IPC. Suresh was convicted of offences under Sections 323, 324/34, 302/34 IPC. Rammi @ Ramesh was convicted of offences under Sections 323, 324/34, 302/34 and 452 IPC. Having convicted the appellants of the above said offences, the trial Judge vide a separate order of even date sentenced the above said four accused-appellants as under:-

(3.) Aggrieved against their conviction and sentence, Bhikki s/o Moolaram and Rammi @ Ramesh s/o Kalli Ram preferred D.B. Criminal Appeal No. 94/87, Suresh s/o Tikaram instituted D.B. Criminal Appeal No. 105/87 and Rameshwar s/o Indralal filed D.B. Criminal Appeal No. 108/87. Since in all the three appeals same judgment of conviction and order of sentence has been assailed, all the three appeals were ordered to be heard together.