STATE OF RAJASTHAN Vs. GHAMANDA & ORS.

JUDGEMENT

(1.) These are the two appeals arising out of the judgment dated 10.4.85 of the learned Sessions Judge, Balotra, Camp Barmer, one filed by the State against acquittal of five accused respondents u/s.302 Penal Code and the other filed by the accused against their conviction u/ss.147 & 304 part II IPC. For the offence u/s.147 IPC, each of the accused has been sentenced to undergo one year's R.I. with a fine of Rs.100.00 & in default, to further undergo one month's S.I. and for the offence u/s.304 part II IPC, each of the accused has been sentenced to undergo four years' R.I. with a fine of Rs.400.00 & in default, to further undergo four months' S.I. Both the substantive sentences were ordered to run concurrently.

(2.) Since both these appeals are against the same impugned judgment, therefore, they are being disposed-of by this common judgment.

(3.) Facts leading to these appeals are that on 15.1.85, Megha lodged the FIR at Police Station, Gudamalani, Distt.Barmer stating therein that five accused viz; Ghamanda, Rau, Daja, Bhura and Jesa, armed with lathis, came collectively in the midnight of 'Makar Sakranti' at the dhani of Satta and assaulted Heera, who was sleeping there because it is alleged that deceased Heera was having illicit relations with Satta's wife viz; Dami. With the help of torch, Megha recognised accused Ghamanda giving lathi blow on Heera and other accused also assaulted him. Heera fell down and he was tied with strings and brought to the 'dhani' of Satta. Megha called Ridmal, Matta, Moda, Choutha and Laxman. By that time, Heera died. The Sarpanch was informed. The FIR of the incident was lodged. The police after investigation, challaned all the five accused u/ss.147 and 302/149 IPC. The case was committed to the Court of Sessions. The charges were framed against the accused Ghamanda u/ss.147 & 302 Penal Code and and rest of the accused u/ss.147 and 302/149 IPC, to which they pleaded not guilty. The prosecution examined 19 witnesses. The statements of the accused were recorded u/s.313 CrPC. They led no defence. After hearing the arguments, the learned trial Judge convicted the accused as above.