CHITTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants named herein-above have filed this appeal against the judgment and order dated 29.05.2003 passed by the learned Additional Sessions Judge, Kotputli, (Jaipur) in Sessions Case No.19/1999 whereby the accused appellants were convicted for the offence under Sections 302/149, 148, 323/149 and 325/149 I.P.C. and were sentenced as under:-

(2.) ON the basis of Exhibit P-2 case was registered for offence under Section 147, 148, 447, 307, 323 and 379 I.P.C but later on, on account of death of Hanuman, in the hospital, the police converted the case from Sec.307 IPC to offence under Section 302 I.P.C. After usual investigation, police filed chargesheet against eight accused persons namely Jamuna, Mooli, Teeja, Chhitar, Banwari, Hari Ram, Suresh and Babu Lal. Learned Trial Judge, on receipt of the case by way of committal, read over the charges to the accused persons for the offence under Section 147, 148, 323, 325, 302 and 149 I.P.C. which were denied by them and trial was claimed.

(3.) LEARNED counsel Mr.Gupta appearing on behalf of the accused appellants has assailed the impugned judgment on the following grounds:-