HARI CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an Appeal arising out of a judgment dated 26-9-1986 passed by the learned Additional Sessions Judge, gangapur City Camp Hindaun in Sessions case No. 99/83 whereby he has convicted the accused appellant for the offence under section 307 and 324/34, IPC and sentenced him to undergo 4 years rigorous imprisonment and to pay a fine of Rs. 200/- and in default of payment of fine to undergo 3 months simple imprisonment and for the offence under Section 307. IPC sentenced him to undergo for one year rigorous imprisonment and fine of Rs. 100/- and in default of payment of fine to undergo further simple imprisonment for one month. All the substantive sentences to run concurrently.

(2.) THE brief facts of the case are that jaggan P. W. 4 submitted a written report ex. P. 4 to the SHO Police Station Todabheem in which he stated as under :- (Vernacular matter omitted. . . . . Ed.)

(3.) UPON this report, the police registered a case under Sections 147. 148, 149, 307, 323, 324 and Section 341, IPC against haricharan, Sodya, Babu Lal, Staya alias satya Prakash Radheyshyam, Ramsahay prahlad Singh Kedar and Babu Lal S/o gangasahay, and Section 34, IPC and started investigation. After investigation, a challan was filed against the accused before Court of Addl. Munsif and Judicial magistrate, Hindaun City who committed the case to the Court of Addl. Sessions judge gangapur City: The learned trial Court has framed charge against the accused haricharan for the offences under Sections 147, 148, 307, 324 read with Sections 149, 323 and 323/149, IPC, against accused satya Prakash for the offence under sections 147, 307/149, 324/149, 323 and 323/149, ipc and Section 323 read with Section 149, IPC, against accused Radheyashyam for the offence under Sections 147, 307/149, 324/149, 323 and 323/149, against accused ramsahay for the offence under Sections 147, 307/149, 324/149, 323 and 323/149, ipc, against accused Prahlad Singh for the offence under Sections 147, 307/149, 324/149, 323 and 323/149, IPC, accused Kedar for the offence under Sections 147, 307/149, 324/149, 323 and 323/149, IPC and against accused Babu Singh for the offence under sections 147, 307/149, 324/149, 323 and 323/149, IPC. The charges were read over and explained to the accused persons who pleaded not guilty and claimed for trial.