KISHANA @ KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of learned Additional Sessions Judge Bundi dated 22/7/1987 whereby accused-appellants Kesrilal and Gobrilal were convicted for offence under Section 326 IPC and each of them were sentended to undergo rigorous imprisonment for two years with fine of Rs.500/- with the further stipulation that in default of payment of fine, they shall have to undergo rigorous imprisonment of three months. Accused appellant Kishanlal however was convicted for offence under Section 324 IPC and sentenced to rigorous imprisonment of three months.

(2.) The factual matrix of the case is that a first information report was lodged by one Mangilal on 20/6/1986 at P.S. Kapren, District Bundi inter-alia alleging therein that at 5-6 pm on that day, he along with his brother Ramswaroop had gone to the pond to collect sand where accused Kishanlal S/o Dhanna, Kesra S/o Kishanlal, Babu S/o Chaturbhuj, Chaturbhuj S/o Dhanna, Gobri Lal S/o Udha, Sohanlal S/o Dhanna and Bodiram S/o Kanha were sitting armed with 'kulhadis', 'kudali' and 'gandasis'. Kesra inflicted kulhadi blow on the head of Ramswaoop, Kishanlal inflicted kudali blow on left hand shoulder of Ramswaroop, kesra inflicted kulhadi blows at three places at his back. Gobriya inflicted 'kutia' blow on the frontal side of the face of Mangilal, resulting into loss of upper teeth of Mangilal. Babu caused 'lathi' blow on his right hand. Other accused beat them with fists. This incident was witnessed by Gopal Dhabhai, Mathura S/o Heera Meena, Gopal S/o Nathu Gujar all are residents of village Khedli. The police upon investigation of the matter filed challan against all the aforesaid accused for offences under Sections 307, 148/326/149, 148, 326 and 307/149, 307/149, 326/149, 148 & 324, 307/149, 326/149, 148 & 323 & 307/149, 326/149 and 148 IPC. The prosecution examined as many as 9 witnesses and defence examined one witness. Apart from above, prosecution examined as many as 17 documents. Trial court upon conclusion of trial convicted and sentenced the accused-appellants herein for offences as indicated above and acquitted rest. Hence, this appeal.

(3.) I have heard Ms.Anita Jain, learned counsel for the accused-appellants and Shri Deen Dayal Sharma, learned Public Prosecutor for the State.