MANGU @ MANGIA & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Addl. Sessions Judge, Bhilwara by his Judgment dated 19-7-1984 convicted and sentenced the appellant as follows:- <FRM>JUDGEMENT_79_LAWS(RAJ)5_1999_1.html</FRM>

(2.) All sentences of all the appellants were ordered to run concurrently.

(3.) They have assailed their conviction and sentences by preferring this appeal. Briefly stated on 29.6.1983 when the sun was setting. Kanku and her son Laxman were sitting outside their house in village Bawlas. Smt. Tamuni wife of Arjun passed through the way and after seeing Laxman started abusing him. She abused him alleging that he had gone to Ajitgarh and played magic on her brother. Then Tamuni threw stone on him. Laxman requested her not to abuse, then she went away. After sometime beiore darkness fell, appellants came armed with lathies and axe. They all entered into the house of complainant and assaulted him causing simple and grievous injuries. They also inflicted simple injuries to Ganga. Kanku reported the matter to SHO, Bagore on 30.6.1983 where a case under Secs. 147, 323 and 459 IPC was registered. During t e investigation, case was converted to Sec. 307/149 IPC and challan was submitted before the Magistrate having jurisdiction who committed the case for trial to the learned Sessions Judge, Bhilwara. He transferred it to learned Addl. Sessions Judge. It was on 16.11.1983 that learned Addl. Sessions Judge framed and read over charges under Secs. 147, 323,459 and 307 IPC to the Mangu and under Secs. 147, 323, 459 and 307/149 IPC to rest of the appellants. They denied their indictment and claimed trial. The prosecution then examined 11 witnesses in support of its case. Then appellants were examined under Sec. 313 Cr. P.C. Their defence was that Laxman abducted Partu's wife. The defence of different appellants was different.