ASHRAF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed under Section 410 of the Code of Criminal procedure, 1973 against the judgment dated 27th November, 1973 pissed by the Sessions judge, Bharatpur. in Sessions Case No. 36 of 1973 whereby all the appellants have been convicted under Section 325/149 IPG& Section 147 IP C. and appellants Ghosi, Sodan and Maman have been further convicted under Section 323 IP C. Appellant Ashina has been given the benefit of the provisions of Section 4 of the Probation of Offenders Act, but the other appellants have been sentenced to rigorous imprisonment for 2 years and a fine of Rs. 500/ - in respect of offence under Section 325/149 IPC and rigorous imprisonment for one year in respect of offence under Section 147 IPC Appellants Ghosi, Sodan and Mamman have been sentenced to 6 months' rigorous imprisonment in respect of offence under Section 323 I.P.C.

(2.) IN Sessions Case No. 36 of 1973, 10 persons i. e. appellants and four other persons viz Nijra, Dhoopa, Nuru and Chavkhan, were prosecuted Appellants Ashraf and Rustam were charged under Sections 302 IPC and 148 IPG and the rest of the accused persons were charged under Sections 302 read with Section 149 IPC and Section 147 IPG Appellants Ghosi, Mamman, Sodan and Ashina and accused Nijra were also charged under Section 323 IPC.

(3.) IT appears that on the side of the accused persons. Sodan and Ghosi had also received injuries and a report in respect of said injuries was lodged by Ghosi at P.S Kama on 8th October, 1972 at .0 30 A.M in which deceased Ladha, Surajmal (PW 1, Sahebkhan (PW 10), Chotekhan (PW 2) were named as the assailants.