DHARAMVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE these two connected appeals - one against conviction and the other against acquittal -arise out of one and the same judgment of the learned Sessions Judge, Churu dated May 11. 1982, they were heard together and are disposed of by a common judgment. By the impugned judgment, Accused Dharamveer was convicted under section 302, I. P. C. and sentenced to imprisonment for life with a fine of Rs. 50/ - and accused Shubhram was convicted under sections 304 and 323 I. P. C. and was sentenced to seven years' rigorous imprisonment with a fine of Rs. 50/ - on the first count and eight months' rigorous imprisonment on the second count. By the same judgment, four persons Sumersingh, Ramsingh, Rooparam and Madansingh were convicted under section 323 I. P. C. and each was sentenced to eight months rigorous impnsonment, but they alongwith three others Dayaram, Mangeram and Shubhram, were acquitted of the offences under sections 302/149, 148,307/149, 452 and 392 I. P. C. Accused Dharamveer and Shubhram have come -up in appeal and challenge their convictions, while the State, in its appeal, challenges the acquittal.

(2.) THE incident is alleged to have taken place at about 11. 00 or 11. 30 a. m. on May 30, 1981 in village Chandgoti P. S. Hamirwas district Churu, in which two members of the complainant party, viz. , Lalchand and his son Singh Ram, and one member of the accused party, viz. , Mool Chand alias Moolaram, lost their lives.

(3.) WE have heard Mr. Ganpatram and Mr. B. R. Arora -learned counsel for the appellants and the learned Public Prosecutor for the State assisted by Mr. M. D. Purohit learned counsel for the complainant.