KAJOR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the judgment passed by learned Sessions Judge, Bundi, convicting and sentencing the accused persons as under:- <FRM>JUDGEMENT_74_LAWS(RAJ)7_1987.html</FRM>

(2.) Prabhu Lal s/o Uda (PW-1) reached the Police Station, Kota Dam alongwith his mother Mst Muli and Nanda son of his Bhua as also his father Uda and lodged a report (Ex. P. 1) at Police station Kota Dam, Bundi on 2nd April 1983 at 10.30 PM, stating that there was marriage of daughters of Kajod (appellant) in the village wherein the Barat had come from Thadi Gram and Jal ki Jhopadia. As per the custom, bride and the bride groom are taken to the temple for seeking Gods blessings. Kajod had not given any subscription for the offerings in the temple and this fact was told to Kajod by his father Uda that he should not take brides and bride grooms to the temple unless he paid the subscription for the offerings of the temple. Inspite of this, Kajod took his daughters and son-in-laws to the temple for God's blessings at about 5.30 PM. Prabhulal and Nanda requested Barat people at the temple with folded hands that Kajod did not pay any subscription towards the offerings of the temple, therefore, they should first pay the subscription and then, take the brides and bride-grooms for the Gods blessings. Thereupon. Kajod (appellant) struck a lathi blow on his neck and also wanted to hit Nanda. Both of them ran away and came to their houses., where his father Uda, mother Mooli, Heera, his wife Mangi were present. Kajod and other 15 persons named in the FIR followed them and inflicted blows to the complainant party who were sitting at the house of Prabhu as a result whereof, Pyara and Uda died and Prabhu, Nanda Murki and Heera received injuries.

(3.) On this report, the police registered a case u/s 302 Penal Code and started investigation.