CHELIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Chelia, along with co-accused Panchiya and Laliya were put up for the trial before the learned Sessions Judge, Jalore, for offences u/ss. 302, 302/34,452. 324/34 and 323 IPC, after due commitment. The learned Sessions Judge, after due trial and by judgment dated August 31 1982 convicted the appellant-Chelia of an offence u/s 302 IPC and sentenced him to undergo imprisonment for life and a fine of Rs. 200/- and in default to undergo one month's rigorous imprisonment. He further convicted him for an offence u/s 447 I. P. C. and sentenced him to undergo three month's simple imprisonment on this count. Both these substantive sentences were directed to run concurrently Co-accused Laliya was convicted of an offence u/ss 323 and 447 IPC however the other co-accused Panchiya was acquitted of the charges framed against him Aggrieved by his conviction and sentenced passed against him. Chelia has come in appeal.

(2.) BRIEFLY stated, the prosecution story is, that on the day next to Holi, i. e. 10-3-82 deceased Sabiya had gone to ease himself in the jungle. At about 7. 00 p. m. he was returning from the jungle and reached near the house situated in village Sikwara. Sabiya was seen crying and running towards his house. He was followed by the accused-appellant and his two co-accused Panchiya and Laliya. Laliya was armed with lathi, Panchiya was armed with a sword, while the appellant was armed with a dagger. The deceased entered his gwari, followed by the appellant and his companions.

(3.) THE same day, he examined Smt. Teepu and found certain injuries on her person as mentioned in Ex. P. 9. Likewise, he also examined Smt. Laxmi and found certain injuries on her person as mentioned in Ex. P. 10. THEse injuries were simple. .