BANWARILAL & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.8.1995 passed by the learned Additional Sessions Judge No. 1, Sri Ganganagar camp Srikaranpur whereby the learned Addl. Sessions Judge held the accused-appellants Banwarilal, Bhalaram, Sonaram and Arjanram guilty of the offences under Secs. 302, 307/34, 326/34, 341, 323 and 324 IPC and sentenced them to rigorous imprisonment for life together with a fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Sec. 302 IPC; to undergo three years rigorous imprisonment together with a fine of Rs. 200/- and in default of payment of fine to further undergo rigorous imprisonment for two months for the offence under Sec. 307/34 IPC; to rigorous imprisonment for one year together with a fine of Rs. 200/- and in default of payment of fine to further undergo rigorous imprisonment for 15 days for the offence under Sec. 326/34 IPC; to rigorous imprisonment for six months for the offence under Sec. 324 IPC; to rigorous imprisonment for two months for the offence under Sec. 323 IPC and to rigorous imprisonment for two months for the offence under Sec. 341 IPC. All the substantive sentences were ordered to be run concurrently.

(2.) The case of the prosecution, briefly stated is that on 6.6.1991, at about 10.30 AM , Sidhuram was coming after taking a bath from Khala. When he reached near the house of accused Banwarilal, he was accosted by the accused. Accused Banwarilal was armed with Gandhali and accused Sonaram, Arjanram and Bhalaram were having 'Gandasis'. Accused Banwarilal administered a blow on his head as a result of which Sidhuram fell down. On seeing the accused armed with above deadly weapons and waiting for Sidhuram, PW. 6 Mst. Lichhami immediately rushed and informed PW. 3 Sukhram, PW. 4 Arjunram, Gulabram and Maduram that the accused were assaulting Sidhuram. Thereupon Gulabram, Maduram, PW. 3 Sukhram and PW. 4 Arjunram immediately rushed to the place of the occurrence which was not far off to save Sidhuram.

(3.) It is alleged that as soon as these four persons reached the place of the occurrence, the accused started assaulting them also. PW. 4 Arjunram wanted to save PW. 3 Sukhram arid in that process he raised his hands and accused Arjunram inflicted a 'Gandasi' blow on his left hand as a result of which his left thumb was partially cut. Gulabram was assaulted by accused S'onaram and Bhalaram with 'Gandasis' as a result of which he sustained head injuries and fell down on the ground. Accused Bhalaram, Arjanram and Banwarilal dealt blows on Sukhram and Maduram as a result of which, they also sustained injuries. After sustaining the injuries, Sidhuram and Gulabram became unconscious.