ROODMAL SON Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved with the judgment of conviction and order of sentence dated 2.11.1987 passed by the Additional Sessions Judge, Neem Ka Thana (District Sikar) in Sessions Case No. 5/1986, the accused-appellant is before this Court by way of this Criminal Appeal under Section 374 Cr.P.C. The learned trial Court after finding the appellant guilty for offence under Section 307 IPC has sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- and in default thereof to further suffer simple imprisonment for six months. It is to be noted that learned trial Court has acquitted the appellant for offences under Sections 147, 148, 325/149 and 323/149 IPC and co-accused, five in number, for offences under Sections 147, 148, 325/149, 323/149 and 307/149 IPC after giving them benefit of doubt.

(2.) Brief relevant facts for the disposal of this appeal are that complainant-Shri Chhotelal submitted a written report Ex.P1 before Police Station Thoi on 30.10.1983 alleging therein that on the same day about 10.00 a.m. in the morning while his brother-Shri Nemi Chand was going to his well by a tractor as many as eleven persons including appellant and the acquitted accused attacked him with lathi, rapan and jelies in pursuance of their common object and on hue and cry being made by Shri Nemi Chand, when his father-Shri Khyalidass and brother-Shri Pooran reached at the place of incident, they were also beaten. It was further alleged in the report that he and some other persons took the injured persons Shri Nemi Chand, Shri Khyalidass and Shri Pooran to Kanwat hospital where they were admitted for treatment. On the basis of this written report, FIR No. 140/1983 came to be registered for the offences under Sections 147, 148, 149, 341, 323 and 427 and investigation was undertaken. After usual investigation charge-sheet for offences under Sections 147, 148, 325 and Section 307 read with Section 149 IPC was filed against six persons including appellant and the learned trial Court after committal of the case to it framed charge for offences under Sections 147, 148, 325/149, 323/149 and 307/149 IPC against five accused whereas against appellant, apart from above offences, charge for offence under Section 307 IPC was also separately framed. In order to prove the charges prosecution produced oral as well as documentary evidence. In their statements recorded under Section 313 Cr.P.C. appellant and acquitted accused denied the evidence produced on behalf of the prosecution. In defence appellant-Shri Roodmal and and acquitted accused-Shri Boduram appeared as witness and also produced documentary evidence. Learned trial Court after hearing the respective parties and considering the evidence available on the record passed the impugned judgment and order.

(3.) On the basis of evidence made available on record by the parties, learned trial Court has arrived to the following findings :