GHANSHYAM AND OTHERS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by Ghanshyam and Nanak against the judgment dated 6.12.1990 whereby they were convicted for offence u/s.302/34 IPC and sentenced to life imprisonment with a fine of Rs. 500, in default whereof to further undergo simple imprisonment of six months. They were also convicted for offence under Section 323/34 IPC and sentenced to simple imprisonment of one month. Both the sentences were ordered to run concurrently.

(2.) It may be at the outset noted that during the pendency of the appeal, appellant no.2-Nanak S/o Shri Sua Lal expired on 6.10.2002. His death certificate has been placed on record. The appeal qua him thus abates and now therefore survives only in respect of appellant no.1 Ghanshyam S/o Ram Nath.

(3.) The facts of the case are that a written report was lodged by Gullu @ Surendra before SHO, P.S. Ramganj, District Ajmer on the allegation against the accused-appellants that they along with 7 other persons gave beating to the Rajendra and Dhanna @ Rajendra S/o Mool Chand by 'lathis' and iron rod. They thereby got serious injurious and ultimately Rajendra S/o Mool Chand died. Charge-sheet has been filed against the accused-appellants for offence under Sections 147, 148, 307/149, 302/149, 302/34 and 307/34 IPC by the prosecution before the Court of Judicial Magistrate No. 5, Ajmer, who committed the same to the Sessions Court, wherefrom, it was made over to the court of Additional Sessions Judge, Ajmer for the trial. The trial court has framed the charges and read over the same to appellants, who denied the same and claimed to be tried. During the course of trial, the prosecution has examined 14 witnesses and exhibited 40 documents. The defence produced 2 witnesses and exhibited 4 documents. After considering the statement of prosecution witnesses and arguments, the trial court has convicted and sentenced the accused-appellants vide impugned judgment as indicated above. Hence this appeal.