HAKRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction passed by the Additional Sessions Judge No. 2, Udaipur on 18-6-97 convicting the appellants under Sec. 302 of the Indian Penal Code sentencing them to imprisonment for life and a fine of Rs. 500/- each, in default one month's further S. I.

(2.) The prosecution case giving rise to the present appeal stated briefly is that; first information report was lodged in Police Station Kherwada by one Kodar Lal at about 9.00 p.m. alleging that at about 5.30 in the afternoon, one Dinesh told him that Hakra, Narayan and Magan, present appellants, have beaten Nawalji and Mani, wife of the person lodging first information report were severely beaten by the accused-persons and they are lying unconscious. The beating was given on a doubt that the wife of Kodar Lal was a demon and therefore, was a threat to the society. While they were taken to the hospital, Nawali died and the other woman Mani was unconscious, later on she survived. On this report which was registered bearing No. 59/88, the investigation was commenced by the S.H.O. Kherwada. The accused were arrested and on completion of the investigation, the matter was put up before the learned Additional Sessions Judge, Udaipur who examined 14 witnesses in support of the prosecution case and on appreciation of the evidence as led before him, came to a conclusion that the accused-persons were guilty of the offence with which they were charged. He therefore, proceeded to convict them as aforesaid.

(3.) This judgment is assailed by the learned counsel for the accused on the following grounds :