CHANDU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - These two appeals arise out of common judgment dated 28.7.1987 passed by Session Judge, Alwar in Session Case No. 99/84 convicting the accused appellants Chandu, and Budh Singh (in appeal No. 389/ 87), u/s 302 IPC and sentencing each of them to undergo life imprisonment and a fine of Rs. 1,000/- in default of payment of fine, six months R.I. and convicting accused appellant Jodh Sihgh u/s 307 IPC and sentencing to 10 years R.I. and a fine of Rs. 500/-, In default of payment of fine, four months R.I. while acquitting Aivaj, Jodh Singh s/c Arnar Singh, Shyo Singh. Roozdar, Asar Khan, Rahman. Heeralal, Smt. Mozabi and Smt. Bashiri (in appeal No. 125/1987).

(2.) Ayub Khan (PW- 1) lodged a first information report (Ex. P. 1) at about 3.30 p.m. on 20.1.1984 stating therein that at about 10 a.m. he along with others (named therein) bad gone to his field TChidiya Pee Wala Khet for cutting mustard crop. At about 1 P.M. he along with others came home after Jumma Ki NamajT and when they reached to the field at about 2.30 pm. accused persons were putting the crop, which they had cut in the morning, into the tractor of Amar Singh and when they resented and asked them not to do so, Dalmod stated that he will not allow them to carry the, crop, whereupon some altercation took place and accused Chandu fired on Dalmod. Amar Singh also fired a shot on Hakim. Jodh Singh fired at Sahid. Budha fired on Abdul and other accused persons inflicted injuries by Pharsi and lathi, on the members of the complainant party.

(3.) On the aforesaid report, a case u/s 302 IPC was registered. The police after usual investigation, submitted challan against 16 persons out of whom 13 were committed to the court of Sessions, whereas three accused Batooni, Sher Khan and Gafoondi were ordered to be tried in Children's Court. Sher Khan died during trial and case is still pending against Batooni and Gafoondi, in the Children Court, Session Judge, Alwar, after trial, convicted and sentenced accused Chandu, Budh Singh and Jodh Singh (in Appeal No. 389/87) as aforesaid and acquitted the ten accused respondents in Appeal No. 125/87 against acquittal of ten accused persons.