RAM SUKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN Sessions case No. 55 of 1975, the Additional Sessions Judge, Bhilwara has, on September 29, 1976, held the appellant Ramsukh and Dalchand, Sunderlal and Gopi guilty for the offences under Sections 325 and 323 both read with Section 34 of the Indian Penal Code. While Ram Sukh and Dalchand had been sentenced to undergo rigorous imprisonment for a term of three years for the offence under Section 325 read with Section 34 I.P.C. and also with a fine of Rs. 300/ - with a default clause to further undergo rigorous imprisonment for 3 months in the event of non -payment of fine and also to simple imprisonment for a term of one year for the offence under Section 323 read with Section 34 I.P.C. but as Sunderlal and Gopi were below 21 years of age at the time of the commission of the offence, they were to remain on probation for a period of one year on their furnishing bonds in the sum of Rs. 1000/ - with surety in the like amount.

(2.) WHILE Ramsukh has filed a Criminal Appeal No. 805 of 1976 in this Court praying for his acquittal in the case, the State has, by leave, appealed against Ramsukh, Dal Chand, Sunder Lal Gopi Lal and Bhagwati Lal by its Criminal Appeal No. 439 of 1977 praying that their acquittal by the Additional Sessions Judge, Bhilwara for the offences under Sections 147, 148 and 302 read with Section 34 1PC or Section 149 I.P.C. may be reversed into conviction for the said offences and they may be sentenced by this Court in accordance with law.

(3.) HOWEVER , on the date of incident i.e. June 10, 1975, PW 2 and his father Deva deceased had, in the morning gone near the well for natural calls leaving Harku PW 1 and her other son Jagdeesh PW 3 at home. Balu had returned home from the well earlier than his father. Soon thereafter when Deva deceased was returning to his home he was surrounded by Dal Chand, Sunderlal and Gopi and they started beating him with lathies. To save his life Deva rushed towards the 'pol' to enter into his house, but all of a sudden Bhagwati Lal armed with a dagger and Ramsukh, Mohan Lal, Nand Lal, Kailash, Nand Lal Sohan Lal armed with lathies came and caught hold of Deva and did him to death by beating him and causing injuries to him by lathies. Balu and his mother Harku attempted to rescue Deva but they were also caused injuries by dagger by Bhagwatilal and by lathies by others. All the 10 respondents in the State Criminal Appeal No. 439 of 1977 were charge -sheeted by the Officer -in -charge of Police Station, Badnor in the court of the Judicial Magistrate, Gulabpura who committed them for trial to the court of Sessions and the Additional Sessions Judge, Bhilwara after trial held only Ramsukh, Dalchand. Sunderlal and Gopi guilty not for the offence of murder but for the lesser offences under Sections 325 and 323 of the Indian Penal Code both read with Section 34 I.P.C. and sentenced Ramsukh and Dal Chand as aforesaid and released Sunder Lal and Gopi on probation on bonds.