RAM NARAIN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appeal stood abated against Appellant No.1 and 2 on 10.02.2010 consequent to their demise during the pendency of the appeal.

(2.) The remaining Appellants stand convicted under Section 148 IPC to one year's rigorous imprisonment, 302/149 IPC to life imprisonment with fine and default stipulation. Appellants No.3 and 4 further stand convicted under Section 324 IPC to one year rigorous imprisonment and Appellant No.6 and 8 to three months rigorous imprisonment under Section 323 IPC by the Sessions Judge, Kota in Sessions Trial No.3/1985 dated 15.07.1986.

(3.) PW-1 Kanhaiya Lal in his written report to police dated 28.10.1984, Exhibit P/1 stated that he was working in his fields at about 10:00-11:00 am when he heard commotion. On reaching the place of occurrence he saw the Appellants who were variously armed with axe and garasi assaulting PW-2, Chatru Bai, PW-4, Prahlad, PW-5, Ramkaran, PW-6, Mukut Bihari and the deceased Rampratap. The Appellants chased the witness to assault him also. The occurrence took place because of a previous dispute with regard to passage through the fields. PW-3, Virji wife of the deceased came and gave him water to drink. Formal FIR Exhibit P/11 was registered at 4:00 PM. The post-mortem Exhibit P/10 was conducted on 29.10.1984 at about 9:00 AM by PW-11 Dr. Shivchandra Mishra, who found the following injuries on the body:-