BIRDHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 29.9.1086 rendered by District Sessions Judge, Jhalawar, whereby he convicted the accused appellants Birdhi, Kana, Nanda, Kalu, Dhanna, Babulal, Ram Gopal, Kallu, Prem Narain, Panchu Lal, Nathulal, Jagannath, Bhura and Bheron lal in the offences under Sections 147, 326, 325, 324 and 323 read with Section 149 of IPC and sentenced as under: Under Section 147 of IPC: One year Rigorous Imprisonment to each of the accused-appellants.Under Section 326 IPC read with Section 149: Three years Rigorous Imprisonment to each of the accused-appellants and a fine of Rs. 50/ - to each of them; and in default of payment of fine each to further undergo one month's rigorous imprisonment.Under Section 325 read with Section 149 of IPC: Two years Rigorous Imprisonment to each of the accused-appellants.Under Section 324 read with Section 149 of IPC: Six months Rigorous Imprisonment to each of the accused-appellants.Under Section 323 read with Section 149 of IPC: Six months Rigorous Imprisonment to each of the accused appellants.All the sentences were ordered to run concurrently.

(2.) THE appellants were indicted for the offences under Sections 147, 307 and 323 of IPC. They are alleged to have constituted an unlawful assembly on 9.2.1982 at A.M. in village Gaadiya Jaymal to give a beating to Bajrang Lal, Ramchandra, Jagannath, Bhuli Bai and others. It is further alleged that appellants assaulted upon Bajrang and Ramchandra with gandasi and clubs and caused grievous injuries to them and simple injuries to Jagannath and Bhuli Bai. The police lodged First Information Report Ex. P/l on the complaint of Nand Kishore and commenced investigation.

(3.) HEARD the submissions advanced by the learned Counsel for the accused -appellants, learned Public Prosecutor appearing for the State and scanned the relevant material on record.