CHAWAD & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) learncd Additional Sessions Judge No. 1 Alwar in session case No 30/1977 has convicted each of the accused-appellants under Sec. 304 part II Penal Code read with Sec. 149 Penal Code and each of the accused-appellants has been further convicted under Sec. 148 and 324 or 324 r/w Sec. 189 Penal Code Each of them ha been further convicted under Sec 323 or Sec. 323/149 Penal Code Under the first count each of the accused-appellants has been sentenced to five years' rigorous imprisonment, under the second count one years rigorous imprisonment and under the third count to undergo one years rigorous imprisonment and under the last count the appellants were sentenced to undergo six months rigorous imprisonment Appellant Bhagu was given benefit of Probation of Offenders Act 1958. The substantive sentences were ordered to run concurrently.

(2.) On March 19, 1977 the general elections for House of People (Lok Sabha) were taking place in the country including the State of Rajasthan Village Dongara under Police Station Kishangarhbus District Alwar was under Alwar Parliamentary constituency and the votes were being caste in that constituency also on March 19, 1977. The case of the prosecution is that PW Sher Khan was a blind person and he was going to caste the vote and was accompanied by Heera PW. 2. Bhagu accused-appellant is said to have arrived there and asked Sher Khan to caste bis vote in favour of the candidate belonging to Janta party. Heera PW 2 gave out that Sher Khan will caste his vote for Congress (I) party. There was some wordy exchange in between Heera and Bhagu accused-appellant. Some intervened and the matter ended there Sher Khan and Heera proceeded towards the booth and Sher Khan is said to have caste his vote in favour of Congress (I) party. After casting his vote when Heera was sitting beneath the tree where the identity slips were being distributed It is alleged that besides Heera Nenu PW. 1. Narsi PW. 3 Barket PW. 5 Jumma PW.7. Sallo PW. 8 Andbu PW. 9, Bhogla PW. 10 and Jhabu PW. 11 were ah sitting It is alleged that all the accused-appellants were armed with weaoont and accused-appellant Chawad and Karan are said to have been armed will spears and started giving beating to deceased Chaw, aged about 30 years and the accused-appellant Chawad is said to have inflicted a blow on the head of Chaw with blunt side of spear and Karan inflicted blow to him will his 'tanchia and other accused-appellants also inflicted injuries to others namth Nenu PW. 1 Narsi PW. 3. Barkat PW. 5. A parcha Bayan Ex P/I of Nenu PW. 1 was recorded and that is the FIR in this case.

(3.) A case was registered and investigation was set in motion. It may be stated that Chaw died as a result of injuries and the post-mortem was conducted on the dead-body of the deceased and injuries of others were examination Dr. Satya Pal Yadav. PW. 14. Dr. Yadav on conducting the autopsy on the dead body of law found that there were two injuries on his person namely-