KEDARLAL AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an Appeal under Sec. 374 Cr.P.C. against the judgment dated 5.7.1986 passed by the learned Addl. Sessions Judge, No. 1, Kota in Sessions Case No. 11/1981 whereby he convicted and sentenced the accused appellants as under: - Accused appellant Kedarlal: - Convicted Under Sec. 148, 324 IPC for 1 year rigorous imprisonment and under Sec. 323 for 6 months R.I and under Sec. 325 IPC for a period 2 years R.I and fine of Rs. 100/ -, in default of payment of fine, to further undergo I month rigorous imprisonment:

(2.) The brief facts of the case are that on dated 16.5.1980, at about 11.30 A.M. one Gopal S/o Dalu Berwa submitted a report at Police Station, Sultanpur that which is relating to an incident of a theft of some stitched clothes and from the complainant shop which took place a month back and on asking from some, one Sunni told the names of Mangilal and Chhotu to the other neighbors of the village. Upon this, the appellants at about 8 to 9 P.M. on 5th of May, 1980, came at the house of the complainant where he was sleeping. It is further alleged that the appellants were armed with Kulhadi, Gandasi and Kuntia in their hands and they started beating to complainant. On hearing hue and cry his sons Narian and Latoor also came on the spot, they were also given beatings. One Shanker also was there on the spot, who immediately run away from there when he was also given beating.

(3.) Upon the aforesaid report, police has registered a case for the offence under Ss. 148, 149 and 324 IPC and started investigation. During investigation, on 15th June 1980 complainant Gopal Berwa died of the haemotoma under the layer of the brain and the case was converted into Sec. 302 IPC read with Sec. 148, 325, 324, 323 & 325 IPC. After completion of investigation a challan was presented under Ss. 302, 326, 325, 324, 323, 147, 148 and 149 IPC before the court of Special Judicial Magistrate, Kota who committed the case for trial to the Court of Sessions Judge, Kota. The learned Sessions Judge, Kota transferred the case to the Court of Addl. Sessions Judge, No. 1, Kota who framed charges against the accused appellant Kedarlal under Sec. 148, 323, 324, 302 read with Sec. 149 and 325 IPC, under Ss. 148, 302 read with Sec. 149, 323, 324 read with Sec. 149 and 325 read with Sec. 149 IPC against accused Ratan lal, Chhotulal and Mangilal and under Ss. 148, 302, 323, 324 read with Sec. 149 and Sec. 325 read with Sec. 149 IPC against Laturlal. The charges were read over and explained to the accused appellants who pleaded not guilty and claimed for trial.