NANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The eight appellants viz. Nanda, Padan, Prahlad, Birdbi; Manna, Ballabh, Khema and Surajmal have been convicted under sections 302/149, 148 and 449, I.P.C. and each has been sentenced to imprisonment for life with a fine of Rs. 100/-under sections 30.2/ 149 I.P.C. and to various other terms of imprisonment under the remaining two sections, by the Additional Sessions Judge No. I, Kota by his judgment dated May 31, 1988. They have filed this joint appeal and challenged their convictions.

(2.) At about 1.30 P.M. on 5.3.1985, P.W. 1 Jamna Bai appeared at police station Kanwas, district Kota and verbally lodged report Ex. P-i. It was stated therein by her that at about 8 or 9.00 A.M. on that day the appellants accompanied with Bhura and Ram Gopal went to the house of Sbaitan situated in village Khodiya-Khedi to find out whether Devi Lal was there or not. Devi Lal was not found there. The culprits made an assault on Shaitan. Shaitan took shelter in his house. The culprits however, did not leave, him and went behind him. They forcibly brought him out and inflicted blows with Gandasies, Lathies etc. Sbaitan fell down. Meanwhile, Babu came there to intervene. The culprits did not pare him also. Babu took shelter in the house of one Chaturbhuj and closed the shutters of the door. The culprits broke open the door and inflicted blows to Babu. As a result of beating, Shaitan and Babu did not survive and passed away. The police registered a case under Section 302, I.P.C. and proceeded with the investigation. After usual investigation, the police presented a challan against the eight appellants and Bhura and Ram Gopal in the court of Munsif and Judicial Magistrate, Sangod, who in his turn committed the case for trial to the court of Sessions the case came up for trial before the Additional Sessions Judge No.1 Kota, who framed charges u/secs. 147, 149, 449 and 302/149, I.P.C. against the appellants and Bhura. Ram Gopal was found to be a child and his case was therefore, referred to the children court. Bhura passed away during the pendency of trial. The appellants refuted the charges and claimed absolute innocence. In support of its case, the prosecution examined 18 witnesses and filed some documents. In defence, one witness was examined. On the conclusion of trial, the learned Additional Sessions Judge held the charges duly brought home to the appellants. They were consequently convicted and sentenced as mentioned at the very outset. Aggrieved against their convictions and sentences the convicts have taken this appeal.

(3.) We have heard learned counsel for the appellants and the learned Public Prosecutor. We have also gone through the case file carefully.