RADHA KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Radhakishan has preferred this appeal against the judgment dates 14th Feb., 1985, by the Sessions Judge, Tonk, convicting him Under Sections 302 and 447, IPC and sentencing him to imprisonment for life and a fine of Rs. 2,000/ - and in default of payment of fine further undergo one month's rigorous imprisonment for offence Under Section 302, IPC; and three month's rigorous imprisonment and a fine of Rs. 500/ - and in default of payment of fine to further undergo fifteen days' rigorous imprisonment for offence Under Section 447, IPC.

(2.) ON a Parcha -Bayan of one Smt. Dankha, a case was registered by the SHO, PS, Tonk. In her said statement, she stated that her husband Lala had two wives, and the second wife was Mst. Bhoori, mother of Radhakishan accused, and that Lala had divided his land and given it to her. Radha Kishan son of Mst. Bhoori wanted to have forcible possession over the said land. On 28th Nov., 1983, at about 10 a.m., Mst. Kalyani wife of Radhakishan and his son Ramesh came to field with a tractor and wanted to plough the field forcibly. Badri son of Mst. Dankha, and his friend Gopal Gujar were restraining them from ploughing the filed. She (informant) also reached the field and asked them not to plough the field. At that time, Radhakishan, his wife Mst. Kalyani, and his son Ramesh armed with lathis were standing in the field. Radhakishan inflicted a lathi blow on the head of Gopal Gujar, who fell down on the ground and died instantaneously. Mst. Kalyani also inflicted a lathi blow on the head of Badri and, Radhakishan and Ramesh also inflicted one blow each on Badri, who also fell down on the ground. Radhakishan then inflicted one lathi blow on her (informant) knee. On this parcha -Bayan, a case was registered Under Sections 307, 302 and 34, IPC.

(3.) THE Trial court framed charges against the accused person Under Section 447, 302, 303/34, 307, 307/34, 323 and 323/34, IPC, who pleaded not guilty and claimed trial.