BADRI DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the three appeals are directed against the judgment dated 21-7-1978 passed by the learned District and Sessions Judge, Churu in Sessions Cases No. 23/78 and 24/78. It is therefore, proper to dispose of all the three appeals together.

(2.) Accused Badri Das and Rameshwar were committed to the Court of learned Additional District and Sessions Judge, Churu by the learned Chief Judicial Magistrate for trial of offences punishable under Section 302 read with Section 34, I.P.C. On the same day, six accused persons, namely, Mukharam, Parturam, Viram Das, Chander Das, Khamana Ramand Mohan were also committed to the Court of learned Additional District and Sessions Judge, Churu by the learned Chief Judicial Magistrate. Churu for trial of the offences punishable under Sections 302 read with Section 149 and 114, I.P.C. Badri Das and Rameshwar were committed to the Court of Session after taking cognizance on a police report submitted under Section 173 Cr. P.C. and accused Mukharam, Parturam, Viram Das, Chander Das, Khamana Ram and Mohan were committed to the Court of learned Additional Sessions Judge, Churu after taking cognizance on a private complaint filed by Tarachand. Two separate sessions cases Nos. 23/78 and 24/78 were registered in the Court of learned Additional Sessions Judge, Churu. The trial in both the cases was conducted together and by common judgment dated 21-7-1978 both the sessions cases were disposed of by the learned Sessions Judge, Churu. The learned Sessions Judge, Churu convicted and sentenced Rameshwar under Section 302, I.P.C. and Badri Das under Section 302 read with Section 34, I.P.C. and acquitted Mukharam, Partu Ram, Viram Das, Chander Das, Khamana Ram and Mohan of all the offences with which they were charged. D. B. Criminal Appeal No. 281/1978 has been filed by the accused persons, namely, Badri Das and Rameshwar who were convicted and sentenced as mentioned above. D. B. Criminal Appeal No. 377/79 has been filed by Tarachand against the order of acquittal and D. B. Criminal Appeal No. 378/79 has been filed by the State of Rajasthan against the order of acquittal passed by the learned Sessions Judge, Churu.

(3.) The facts of the case may be summarised as below :