HARIYA @ HIRA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Hariya @ Heeralal, Jagdish, Lachhu @ Laxminarayan, all three sons of Ghisya, and Gajanand s/o Dhanna Lal were nominated as accused in case FIR No.113/91 (Ex.P.9), registered at Police Station Gangapur City, Sawai madhopur, initially for offences under Sections 147, 323, 341, 342 IPC. Solitary injured in the occurrence, Bhoru died after six days of the occurrence and hence, subsequently offence under Sec. 302 Penal Code was added.

(2.) The above said accused were tried by the Court of Additional Sessions Judge, Gangapur City. The said court vide impugned judgment dated 25.03.1994 substantively convicted Hirya @ Heeralal for offences under Sections 302 and 342 IPC, whereas remaining three accused Jagdish, Lachhu @ Laxminarayan and Gajanand were convicted for offences under Sections 302 r.w. 34 and 342 IPC. Having convicted the appellants for the above said offences, the trial Judge, vide a separate order of even date, sentenced them as under:-

(3.) Aggrieved against their conviction and sentence, appellants have instituted the present appeal. Shortly after filing of the appeal, sentence awarded upon the appellants was suspended and they were ordered to be released on bail.