JHUNTHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants Jhuntha Ram, Chhaju Ram Banwari, and Ganpat were tried, along with Moola and Sheopal, by the learned Sessions Judge, Jhunjhunu for offences against Sections 302, 149, 147, 458 and 323, 149 I.P.C. for inflicting injuries to Gulla deceased and P.W. Jhabar and thereby causing the death of Gulla. The learned Judge acquitted all of them of the offences against Sections 147, 302, 149 and 458 I.P.C. Moola and Sheopal were acquitted of all the charges framed against them Jhuntha Ram, Chhaju Ram, and Banwari were found guilty of causing grievous hurt with blunt weapon to Gulla deceased and thus convicted under Section 325 read with Section 34 I.P.C. They were sentenced to rigorous imprisonment for a term of five years each. Ganpat was found guilty of causing hurt to Jhabar P.W. and thus convicted under Section 323 IPC to a sentence of rigorous imprisonment for two months.

(2.) JHUNTHA Ram Chhaju Ram, Banwari and Ganpat have appealed from the aforementioned order of conviction and sentence against them.

(3.) IT was on these allegations made by the complainant Harnath that the police registered a case under Sections 147, 448 and 342 IPC. It was during the investigation and after the death of Gulla that the case was converted into one under Sections 302 read with Section 149 and 458 IPC.