JAGGU & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 30th July, 87, passed by the Addl. Sessions Judge, Neem-ka-Thana, convicting the accused-appellants under section 3 2/149, IPC, and sentencing each of them to imprisonment for life and a fine of Rs. 500.00, and in default of payment of fine, to further undergo rigorous imprisonment for six month each; under section 147, IPC, to rigorous imprisonment for two years each; under section 325/149, IPC, to rigorous imprisonment forte years each, and a fine of Rs. 200.00, and in default of payment of fine, to further undergo rigorous imprisonment for two months each; and under section 323, IPC, to rigorous imprisonment for one year each.

(2.) On 2nd May, 84, one Gopal submitted a written-report to SHO, PS Ringas, to the effect that at about 2 PM on that date, he himself, his uncle Raju, his mother Sundi. Sundari. Aanchi, Nathi and Vimla were threshing wheat at their field. Kana and Gadpat had also their fields nearby. Kana gave filthy abuses to the women. At this, Raju asked him not to abuse them. There upon, Kana replied that day he would see them all, and then called all other persons from his Khalihan. Kana, Nathu, Gome, Gopi and the others who have been named in the report (Ex. P. 8) then arrived there with a common object armed with lathis and Jaily and attacked them. Kana inflicted a lathi blow on the head of Raju, and Pokar inflicted a Jaily blow on the head of Raju. Raju fell down on the ground, and thereafter, he was continued to be belaboured by lathis and Jallis. Sardara inflicted one Jaily blow on the hand of his mother, who fell down on the ground. He (informant) to save himself, stood some Daces away from the place of occurrence. Then. Sundi Anchi, Sundari, Vimla and Nati were attacked with lathis and Jailies. who fell down on the ground. Hearing their cries, Lalu and Hanuman came there. The assailants seeing that Raju had died, ran away from the place of occurrence It was alleged in the report that the intention of the accused persons was to kill them (complainant-party), and with that common object, the accused persons had arrived there and inflicted blows.

(3.) On the above report, a case under section 147. 148,149, 307 323 and 325 and 457, IPC, was registered. ASI. Lalaram. went to spot and prepared a site-plan (Ex. P. 10). The accused persons were arrested Recovery of weapons was also effected on the information and at the instance of the accused persons. Later on Raju died, and his post-mortem was connected by Dr. O.P. Sharma PW 14, The post-mortem report is Ex. P. 26. Raju had 7 external injuries out of which, injury No. 1 was a lacerated wound on the left occipital of the scalp oblique; and No. 2 was also lacerated wound on the right parietal region of the scalp Injuries Nos. 3 & 4 were contusions; and 5 & 6 were abrasions. And, injury No. 7 was multiple punctures on both the forearms anterior aspect. In the opinion, the cause of death was intracranial hemorrhage and laceration of brain-material. After usual investigation, the police submitted a challan against 14 accused persons.