RUPENG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 3-11-81 passed by the learned Sessions Judge, Banswara, whereby he convicted the appellants Rupeng under Ss. 451/323 and 304, Part II, IPC, Soma under Ss. 451 and 323, IPC and Motiya under S. 451, IPC and sentenced them as follows :-

(2.) The case relates to an occurrence which took place on 19-1-1981 in village Ganpatpura. The prosecution case is that the three accused appellants and two others (since acquitted) had gone into the house of Chimna s/o Mogji, dragged him and took him out of the house and gave beatings and thereby caused his death. The FIR Ex. P/3 was lodged by Mogji on 20-1-81. Dr. P. L. Bhardwaj (PW. 13) had performed autopsy on the body of Chimna s/o Mogji. He opined that the cause of death of Chimna was head injury. After the completion of the investigation, the police submitted a challan against the appellants and two others.

(3.) Charges under Ss. 302, 148, 451, 302/149 and 323/149 were framed against the accused, who pleaded not guilty. The prosecution examined PW. 1 Manu, PW. 2 Puniya, PW. 3 Murlimanohar, PW. 4 Bhomji, PW. 5 Vesta, PW. 6 Dhulji, PW. 7 Laxman, PW 8 Shanker, PW. 9 Kamji, PW. 10 Dhuliya, PW 11 Punja, PW. 12 Bharat Singh and PW. 13 Dr. P. L. Bharadwaj. Accused in their statements under S. 313, Cr. P.C. denied accusation. Accused Rupeng stated that he was in his house when Chimna s/o Mogji and Chimna s/o Gokal were quarrelling and he had gone to intervene, and at that time, Puniya gave a lathi blow on his head and he has been falsely implicated in the case. The accused examined DW. 1 Gokaliya, DW. 2 Atu and DW. 3 Mawji in defence. The learned Sessions Judge held that Chimna s/o Mogji had met homicidal death. He further held that accused Rupeng had caused head injuries to Chimna and Sona had also caused injury to him. He also held that Rupeng, Soma and Motiya had gone inside the house of the deceased. He, therefore, convicted them, while acquitting the remaining two accused.