CHANDRA BHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TWELVE persons were charged with having committed offences punishable under secs 120-B, 147, 148, 302 read with secs, 149 and 307 read with sec. 149 of he Indian Penal Code in the Court of Additional Sessions Judge No. 2, Jaipur City. The learned Judge, by his judgment dated December 23, 1975 acquitted Yogi alias Yogendra, Gopal Prasad, Narendra Singh, Balvir Singh, Rishal Singh, Gopi Singh, Tejveer Singh, Nohpal Singh of all the charges with which they were charged, but convicted Chandrabhan, Brijender Singh, Gordhan Singh and Bachhu Singh under sec. 302 read with sec. 149, sec. 148 and sec. 323 read with sec. 149, Indian Penal Code, and sentenced them to various terms of imprisonments, the maximum sentence being imprisonment for life.

(2.) AGGRIEVED by this decision, Chandra Bhan has preferred D. B. Criminal Appeal No. 121 of 1976, Brijender Singh and Gordhan Singh have preferred D. B. Criminal Appeal No. 140 of 1976 and Bachhu Singh has preferred D. B. Criminal Appeal No. 141 of 1976 As all these three appeals arise out of the same judgment, we dispose of them by this common judgment.

(3.) THE case of the prosecution was that there were two parties amongst the students of the Medical College at Jaipur : one group headed by Brijesh and the other by Vijai Punia and Chandra Bhan. One year prior to October 1974, it appears that Brijesh and his supporters had assaulted Vijai Punia, in regard to which a case had been filed against Brijesh and some others under sec. 307, Indian Penal Code, and that case was pending at the time of the incident in question Because of this incident and the enmity that existed between the two groups, according to the prosecution, Chandra Bhan, Brijendra Singh, Gordhan Singh, Bachhu Singh and the other accused persons, conspired to murder Brijesh and in pursuance to that conspiracy, all these persons attacked Brijesh and his brother Laxman Prasad, when they were proceeding to Bharatpur near Kumher and inflicted injuries, as a result of which Brijesh died later.