HARKHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is against the judgment and order of conviction and sentence dated 15. 11. 2000 passed by the Court of learned Additional Sessions Judge, Ratangarh (Churu) in Sessions Case No. 54/1992 (34/1990 ). There was a cross case and that was Sessions case no. 42/1992 (91/1989) wherein the accused persons, members of the complainant party in the present case, were convicted by the same Court i. e. Court of learned Additional Sessions Judge, Ratangarh (Churu) by judgment and order dated 15. 11. 2000. The appeal against cross case being D. B. Criminal Appeal No. 679/2000 is also being decided today by separate judgment.

(3.) THE trial court, by the impugned judgment dated 15. 11. 2000, in this Sessions Case No. 54/1992 (34/1990) acquitted five accused appellants Harkha Ram, Girdhari & Bhagwana Ram all sons of Chokha Ram, Thakur Ram s/o Bhagwana Ram and Bhagwana Ram s/o Nyola Ram of the charge under Section 307/149 IPC, however, convicted them for offence under Sections 148, 326/149, 324/149 and 323/149 and sentenced them as under :- Offence Punishment Section 148 IPc Each appellant to undergo rigorous imprisonment for two years. Section 326 IPC r/w 149 IPc Each appellant to undergo rigorous imprisonment for five years with a fine of Rs. 1000/- each and in default to further undergo 3 months' simple imprisonment. Section 324 IPC r/w 149 IPc Each appellant to undergo rigorous imprisonment for two years. Section 323 IPC r/w 149 IPc Each appellant to undergo rigorous imprisonment for six months.