JALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS matter comes upon the 4th bail application of appellant Jaliya. The application was dismissed by this court on 3 -8 1987 and it was directed that the appeal shall be heard on 10 -8 -1987. How ever it could not be possible to hear the appeal till now and, therefore, this 4th bail application has been proved.

(2.) LEARNED Counsel for the appellants submits that instead of hearing the bail application, the appeal itself may be disposed of He further submits that he does not press the appeal, so far as appellants No. 2 and 3 Gyana Ram and Bahdar, are concerned and so far as appellant Jaliya is concerned, his only contention is that the sentence awarded to him under Section 304, Part -II. IPC is excessive and should be reduced. The sentence awarded is 7 years rigorous imprisonment to appellant Jaliya, according to him, has already undergone more than 3 -1/2 years rigorous imprisonment. He was also convicted under Section 324, IPC and was sentenced to two years' RI on two counts, and all sentences were made concurrent.

(3.) FROM the prosecution story, it appears that on 12 1 -1983, one Mohan was grazing his sheep and goats in jungle outside the village, where some Bawaris came to have a game of shooting. Mohan asked them not to kill any animal, where upon, those Bawaris gave beating to Mohan. Mohan reported the matter to the villagers and also to his father, who collected inhabitants of the village and on the next day, a large number of persons, from the side of the complainant, went to the Deras of Bawaris. The men folk of the Bawaris was out and only ladies were there in the 'Dera' There upon, the complainant -party took away, a camel, a she -camel and a young camel from the camp of the Bawaris and told the ladies that when Bawaris return to the camp they may be sent to the complainant -party when camel etc. would be returned to them. When this party left back for their village and were on the way, some 10 -11 Bawaris came there armed with guns and other arms, e.g. Farsi, Lathis, spear etc. It is alleged that on their approaching the complainant -party, they let camel, she camel etc. loose and wanted to talk to the Bawaris, who did not listen to them and attacked them. Fire was opened by one of the accused Gyana, which hit Laxminath near his knee. Some other persons also caused injuries to (he members of the complainant -party and so far as the present appellant Jaliya is concerned, it is alleged that Salia blow was inflicted by him which resulted into the death of Gorakhnath. He is also alleged to have caused simple injuries with Saila on the persons of Bherunath and Premnath. The Police put the challan against seven accused persons for offence under 302, 307, 148, 149, 324, 323, IPC. They were committed to the court of Sessions. The learned Sessions Judge acquitted all the accused persons from offence under Section 302, read with Section 149, IPC as also Section 307, read with Section 149, IPC. He, how ever, convicted appellant Jaliya under Section 304, Part - II and Section 324, IPC for causing death of Gorakhnath and further causing simple injuries with sharp -edged weapon on the persons of Premnath and Bherunath. He convicted accused Gyanaram and Bahdar for offence under Sections 324 and 325, IPC but granted them probation. Aggrieved of the conviction and sentences, the three appellants have filed this appeal.