KESHAV DEO KATARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are arising out of the common judgment of the learned Additional District and Sessions Judge, No. 5 Jaipur City, Jaipur dated June 4; 1987, hence both are decided by a common judgment.

(2.) THIS is an appeal under Section 374 Cr.P.C. against the judgment dated June 4, 1987 passed by the learned Additional District and Sessions Judge, No. 5, Jaipur City, Jaipur in Sessions Case No. 12/1984 whereby he convicted the accused -appellants Keshavdeo, Raj Bahadur, Radhey Singh and Munna Lal for the offences under Section 148, 323 and 325 read with Section 149 I.P.C. and convict them as under: Under Section 148 IPC. One year rigorous imprisonment and fine of Rs. 50/ -; in default 15 days simple imprisonment to each Under Section 323, 325 readwith Section 149 IPC: -2 years rigorous imprisonment & fine of Rs. 100/ - and in default of payment one month simple imprisonment to each.

(3.) THE brief facts of the case are that on 30.12.1983 at about 6.00 P.M. When Ved Prakash Tyagi (PW. 5) was coming back to his house by his scooter from Police Station Brahampuri after lodging a report then, and as soon as he reached at a little distance further of Choraha of Jogeshwar Mahadeoji, the accused appellants viz. Keshavdeo Katara, Munna Lal Sharma, Raj Bahadur, Naresh Chand, Radhey Singh and their other colleagues stopped him, he made slow his scooter, the above named accused persons who were armed with lathies and knife (Naresh was having knife) started beating to him [Ved Prakash Tyagi (PW. 5)]. It is further alleged that co -accused Naresh Chand gave knife blow on his back of PW. 5 Ved Prakash Tyagi and other accused appellants gave beating by lathies. P. Gandhi (PW. 6) friend of Ved Prakash Tyagi (PW. 5) was present at that time and Kailash Pahalwan (PW. 9) (Wrestler) also the eye witness of the said incident who intervened. PW. 5 Ved Prakash Tyagi had fallen down on the ground. By telephonic message the report was given to the police by P. Gandhi (PW. 6).