GOPAL @ GUNDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed under section 374 Code Criminal Procedure against the judgment and order dated 31.7.97 made in Sessions Case No. 85/96 (110/96) by Spl. Judge ST/SC (Prevention of Atrocities) Cases, Sawaimadhopur. By his impugned judgment and order the learned Trial Judge held the appellant guilty of the offence under section 326 IPC, convicted him as such and sentenced him to R.l: for 4 years and to pay a fine of Rs. 1000.00 or in-case of default to undergo further R.l. for six months.

(2.) The case of the prosecution was that on 17.7.96 at about 7.30 RM. when PW/1 Girdhari and PW/2 Smt. Kaila Devi, alongwith their two years aged daughter Kumari Kalawati were sitting at their house, the appellant and several others, all duly armed with deadly weapons like Lathies, Farsi, Knife etc. reached there and opened an assault on the prosecution witnesses. When PW/3 Leelawati, PW/4 Dropdi, PW/5 Bhagwanti, PW/6 Hetoo and others in the locality tried to intervene, the appellant and his other colleagues be laboured them also.

(3.) The incident was reported to the police at Mantown, Sawaimadhopur within half an hour of the incident by PW/1 Girdhari. A case for offences U/ss. 147, 149, 324, 452 Penal Code was registered against the present appellant and Raju (absconder), Munna and 10-15 others. In the course of investigation it was found that an injury with sharp edged weapon was caused to Kumari Kalwati by the present appellant and such injury was likely to cause for death in the ordinary course of nature. The appellant, Munna, Raju and Lallu were, therefore, charge-sheeted for offences committed U/ss. 147, 307 and in the alternative under Sec. 307/149 and 323 IPC. On trial the learned trial Judge held that the appellant had committed an offence punishable under Sec. 326 Penal Code against Kumari Kalawati. He convicted and sentenced the appellant accordingly. A report under section 299 Cr.RC. had been filed against Raju co-accused. He is reported to be still at large. Munna and Lallu co-accused were however acquitted.