DEVKARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this judgment we propose to dispose of two appeals, one filed by the accused appellants Bhagirath, Devkaran, Sangram and Ramkaran and the other appeal filed by the State Government against the accused persons Bhagirath, Devkaran, Kana, Sangram and Ram Karan which arise out of the judgment dated 6-9-1979 passed by the learned Sessions Judge, Merta in Sessions Case No. 22/78. During the pendency of the appeals accused Bhagirath has expired on 27-2-1997 and, therefore, his appeal is held as abated. Therefore, the appeal of the three accused persons, namely, Devkaran, Sangram and Ram Karan and the State appeal against the four accused persons, i.e. Devkaran, Kana, Sangram and Ram Karan were heard and are being decided on merits.

(2.) Five accused persons were tried by the Court of learned Sessions Judge, Merta in Sessions Case No. 22/78 for various offences. Accused Bhagirath and Devkaran were tried for offences under Sections 147, 447, 323 and 302. Accused Sangram and Kana were tried for offences under Sections 147, 447, 452, 323, 302/149, I.P.C. and accused Ram Karan was tried for the same offences except under Section 452, I.P.C. The trial Court after trial came to the conclusion that the accused had a right of private defence of property and person and convicted the accused Bhagirath, Devkaran, Ram Karan and Sangram under Section 323, I.P.C. and sentenced to one year's rigorous imprisonment. Accused Sangram in addition to the above was also convicted under Section 452, I.P.C. and sentenced to two years rigorous imprisonment. Accused Kana was convicted under Sections 323 and 452 but he was given the benefit of Probation of Offenders Act.

(3.) The four accused appellants challenged their conviction by appeal. Accused Kana had not challenged the conviction. The State assailed the acquittal of all the accused persons and contended that their acquittal under Section 302, I.P.C. and 302 read with Section 149, I.P.C. was improper.