SONIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision has been filed by eight accused persons against the judgment of the learned Addl. Sessions Judge, Sirohi dated September 20, 1980 by which their appeal against the judgment of the learned Judicial Magistrate, Sirohi dated 2. 8. 78 had been partly dismissed.

(2.) IN view of the short contention raised before me by the learned counsel for the petitioners, I shall state the facts of the case in very brief. According to the prosecution case, on 3. 12. 74, at about 10. 00 A. M. injured Deepa was going towards his house. When he reached near Harji's house, he saw Harji, Naga, Sonia, Hariya, Daula and Udia sitting there with lathis in their hands and on seeing him, Daula gave a lathi blow on his back. Then, Harju followed. Deepa started running, as a result of which his bale of rijke and his turban fell down. He entered his house. At that time one of the accused Daula said that he was running away, he should be killed and that he (Daula) will bear the expenses. Thereupon, Sonia, Nagiya, Harji, Daniya and Sadiya entered the house of Deepa following him and there, Nagga gave an axe blow on his left knee and Sonia gave a Dhariya blow on his right leg. Harji gave a lathi blow on his head and Nagga gave another blow with axe on his face. He raised hue and cry, whereupon, his uncle Gamna came there but went away out of fear Then, Padma, Nava and Narsa came there followed by Vaja and rescued him. By that time, Gamna again came there. A first information of this incident was lodged by Gamna at Police Station, Eranpur at about 7. 15 P. M. After investigation, the police put up challan against eight petitioners and one Daula, who later died pending the trial. The accused pleaded not guilty of the various charges framed against them, but on trial, the learned Magistrate convicted Nagiya under sec. 148, 452 and 326, I. P. C; Soniya under sec. 148, 452 and 324, I. P. C; Harji, Dona and Sadiya under sec. 147,452, 323, 324/149 and 326/149, and 454, I. P. C. and Nava, Hariya and Udiya under sec. 147, 324, 326/149 I. P. C. by his judgment dated 2. 8. 78. Aggrieved of it, the petitioners filed an appeal before the learned Additional Sessions Judge, Sirohi. The learned Additional Sessions Judge partly accepted the appeal of Soniya, Harji, Dana, Sadiya, Nava, Hariya and Uda and acquitted Soniya of the charges under sec. 324,1. P. C. and others under sec. 324/149, I. P. C. He, however, maintained the convictions and substantive sentences of the petitioners for the other offences, but reduced the sentence of fine from Rs. 200/- to Rs. 50/- and consequently, the sentence in default of payment of fine was also reduced to 15 days' simple imprisonment. Similarly, he reduced the sentence of fine of Nagiya under sec. 326, I. P. C, Harji, Dana, sadiya, Nava, Hariya and Uda under sec. 326/149 from Rs. 500/-to Rs. 100/- only and sentenced in default of payment thereof was reduced to one month's simple imprisonment. Aggrieved of the part dismissal of the appeal, the petitioners have come up in revision before this Court.

(3.) I have given my careful consideration to the rival contentions.