DALICHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the order dated 30. 1. 1978 passed by learned Sessions Judge, Balotra in sessions case No. 18/77 convicting the accused appellants under Sec. 302 read with Secs. 149, 148 and Secs. 148 and 147 of the Indian Penal Code and sentencing them to suffer life imprisonment for the offence under Sec. 302 read with Sec. 149 and suffer two years rigorous imprisonment for the offence under Sec. 148 and to suffer six months' rigorous imprisonment for the offence under Sec. 147 of the Indian Penal Code. All the sentences were directed to run concurrenly.

(2.) FACTS giving rise to the appeal stated briefly are that on 15. 4. 1977 at about 2. 30 pm, the first information report was lodged by Shri Pukh Raj S/o Kundanmal stating that persons named in the report including Dalichand have assaulted one Surajmal who as a result of assault subsequently died. The first information report was later on proved as Ex. p/1 with its proforma copy as Ex. P/1-A.

(3.) PW. 2 Ummed Singh S/o Sohan Singh is a boy of 13 years who has deposed that on hearing commotion from the locality, he went towards it and saw Mohanlal standing in his house as also Pukhraj standing nearby. All the eight accused persons were beating Suraj Mal then Pukhraj and Mohanlal requested them not beat Surajmal. The witness then went away towards "seri". He has stated that the accused persons assaulted the victim with lathi and axes. According to the witness, Dalichand and Mohanlal were armed with axes. When he returned home in the evening, he told of occurrence to his father. The cross-examination of this witness is also inconsequential.