BRIJ LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the Judgment of the learned Additional Sessions Judge, Raisinghnagar dated 25 -3 -1987 were by the learned Judge has found the accused -petitioners Brijlal and Kishnaram guilty of the offence under Sections 304 Part II and 325/34 IPC and has sentenced them to 7 years rigorous imprisonment together with a fine of Rs. 500/ - on the first count and 4 years rigorous imprisonment together with a fine of Rs. 500/ - on the second count. But these substantive sentences have been ordered to run concurrently.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are: that on 5 -7 -1984, Shri Birbalram resident of village Keepli Tehsil Anoopgarh went to Mandi Ramsinghpur for check up and treatment of his mother and father. In the evening, his mother and father were sent back on a camel cart and he started for his village on foot. In the way, he met accused -petitioners Brijlal and Kishnaram resident of village Keepli. They were armed with lathies. Thereafter, Mishrasingh Jatsikh's son came with a tractor. All three bearded that tractor and started for village Keepli. It is alleged that when they were only one Murabba away from their village, accused Brijlal asked the tractor driver to stop the tractor and said that they will get down to drink water Birbalram too was persuaded to get down from the tractor. Mishrasingh Jatsikh's son did dot wait for them and he went away with his tractor. Thereafter, it is alleged that accused Brijlal told Birbalram that he has helped Hukmaram Meghwal in lodging a case against him in the matter of molestation of his wife and as, he will teach a lesson to him. Later it is alleged that accused Brijlal caught hold of him and accused Kishnaram inflicted a lathi blow on his right leg by which he fell down and then both these accused -persons started beating him with lathies. On hearing his cries Jagmal and Amichand came there and on seeing them, the accused -petitioners ran away from the place of the occurrence.

(3.) I have heard Mr. Doongarsingh, the learned Counsel appearing for the accused -petitioners Mr. L.M. Lodha, the learned Public Prosecutor for the State. I have carefully gone through the record of the case.