CHAUTHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants Chauthi and Haria were convicted Under Section 325, I.P.C., and were sentenced to undergo five years' rigorous imprisonment and a fine of Rs. 250/ - each, in default, to undergo three months' rigorous imprisonment each by the Additional District and Sessions Judge, Gangapur City, vide judgment dated 20th April, 1974.

(2.) THE prosecution case, in brief, is that on 24 -4 -1973 at about 2. 00, p.m., Nathua, decesed, was coming from the side of village Kodia Mahavir. When he reached near Madvi Meharwa the appellants along with three others, namely, Ramji Lal, Khilari and Kirodi surrounded the deceased a id beat him with 'lathis' to death It is said that the occurrence was witnessed by Babu, Sugan, Gir Raj and lamdhan, The dead body of Nathua was then carried in a cart by Kissan Meena to the house of the deceased Ram Bharosi lodged the written first information report Ex. P/1 at the Police Station, Gadmora on the same day at about 10.00, p.m., on which the S.H.O. Gadmora registered a case Under Section 302, I.P.C. There after the S.H.O. visited the spot and prepared the site plan. He also prepared the 'panchnama' Ex. P/11 and observed and noted the it juries on the person of the deceased. Ali the five accused persons were arrested and the autopsy was got conducted of the dead body of the deceased. After usual investigation charge -sheet was presented against all the five accused persons in the court of Munsiff and Magistrate, First Class, Hindon, who committed the accused persons for trial. Cairges Under Sections 147, 302 or 302 read with Section 149, I.P.C., were framed against the accused persons. The same were read over and explained to them. The accused persons, however, pleaded not guilty to the charges and claimed to be tried.

(3.) THE statement of the accused persons were recorded in which they denied the prosecution case. No evidence was led in defence.