KANHAIYA LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31st July, 1979. passed by the learned Sessions Judge, Jhalawar, in Sessions case No. 16 of 1978, where by he convicted the accused appellants as under : <FRM>JUDGEMENT_75_LAWS(RAJ)5_19881.html</FRM>

(2.) The learned Sessions Judge, further directed that all the sentences imposed on the accused persons will run concurrently and he also directed to pay Rs. 1,000.00 to the injured Mangilal son of Shri Kishana.

(3.) The facts of the case in brief are that the accused party and the complainant party used to graze the cattles in the jungle which is near by the village. It is further alleged that on 15th Sept., 1977, at about 3.00 p.m., accused appellants Kanhaiyalal and Bapu, tried to take away the cattle of i.e complainant Mangilal, P.W.11. Mangilal, was also present. Accused appellant Bapu gathered the cattles and the another co-accused Kanhaiyalal, inflicted a gandasi blow on the head of the injured Mangilal, and the accused then went towards other co-accused Bapu, who was carrying awary the oxen. It is further all edged that the injured gave a alarm 'Dorjo Dorjo the accused persons are carrying away the oxen. It is further alleged that accused Bapu, gave a lathi, blow on the jaw of the injured Mangilal On hearing the hue and cry Devilal, Heera Lal. Gendalal, and another Mangilal, ran towards the accused persons and chased the accused but could not succeed to catch them, and returned back at the place where injured Mangilal, was present and they found him un-couscous and blood was oozing from the head of the injured. The rojnamcha report Ex P. 11, bearing no. 384 of the incident was sent to the In-charge, Police Station, Javer, on 15.9.77, at about 8 30 p m. On the basis of said report, In-charge, Police Station, Manohar, Distt, Jhalawar recorded the F.I.R. bearing No. 154/77 which is Ex P. 10, after two days i.e. 18th Sept. 1977.