BUDHA Vs. STATE

JUDGEMENT

(1.) THESE are three criminal matters arising out of the judgment of the learned Sessions Judge, Ajmer, dated the 16th April, 1957 by which he convicted the accused Baloo and Budha of an offence under sec. 342 I. P. C. and sentenced each of them to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 200/- each, and in default to undergo further rigorous imprisonment for a period of two months, and acquitted the remaining accused Bhoma son of Deva, Goma son of Kana, Goma son of Amra, Dhanna son of Kajja, Heera son of Kalu and Lala son of Dula. All the accused were acquitted of charges under sections 302 read with sec. 34 and 120b I. P. C. Budha accused has filed appeal No. 63 of 1957 against his conviction and sentence under Sec. 342 I. P. C. Baloo has filed a similar appeal No. 66 of 1957. The State has also filed an appeal which is appeal No. 94 of 1957 against the acquittal of all the accused under sec. l21-B and 302 read with sec. 34 and also against the acquittal of all the accused except Baloo and Budha of an offence under sec. 342 I. P. C. We shall dispose of all these three matters by a single judgment.

(2.) THE material facts leading up to these appeals may be shortly stated as follows. THE deceased Chhoga aged about 25 years lived in village Borai which is at a distance of about three to four miles from Ajmer City towards the west. P. W. 1 Mst. Birji is Chhoga's mother, and P. W. 8 Ratna is Chhoga's step brother. THE accused Baloo, Bhoma, Goma son of Kana, Goma son of Amra, Dhanna and Heera all lived in Barlia which is situate at a distance of about five to six miles from Ajmer on the east. Accused Budha lived in Parla, and the remaining accused Lala in Balipura. THE deceased and the accused are all Rawats.

(3.) THE accused Baloo and Budha and the State have filed appeals against the aforesaid judgment, and we purpose to take up the appeal of the State first.