MOHAN LAL Vs. STATE OF RAJ

JUDGEMENT

(1.) The appellants, named herein-above, have prefered this appeal against the judgment and order dated 31.10.2003 passed by learned Addl. Sessions Judge No.2, Sikar Camp Sri Madhopur in sessions case no. 31/2001 (arising out of FIR No.198/1999 P.S. Reengus) and sessions case no.51/2001 (arising out of FIR No.199/1999 P.S. Reengus) whereby Hari Singh and Gopal, [members of complainant party who were accused in sessions case no. 51/2001] were acquitted and the present appellants, although acquitted of the offence under Section 447 IPC, were found guilty (sessions case 31/2001) for the offence under Sections 148, 149, 302 and 323 IPC and sentenced as under:

(2.) Briefly stated facts of the case, as culled out by the prosecution, are that on 2.7.1999 at 7.30 a.m., a written report Ex.P-1 was lodged by PW-1 Mali Ram at P.S. Reengus to the effect that deceased Kana Ram, PW-3 Gopal, PW-5 Hari Singh as also complainant Mali Ram were sowing their land by tractor. At about 6.00 a.m., accused persons namely Mohan Lal, Naurang Lal, Suva @ Suman, Arjun, Tara Chand, Raghuraj and 3-4 more persons came and put red chillies in the eyes of Hari Singh and started beating complainant party with kulhadi and lathies. On hearing the hue & cries, deceased Kana Ram and Gopal who were working in nearby field, came to rescue Hari Singh. Accused Mohan Lal inflicted kulhadi blow on the head of Kana Ram, who fell down & other persons laced with 'lathies' and 'farsis' inflicted injuries upon the complainant Mali Ram also who became unconscious.

(3.) On this report, case was registered against the present appellants as also Naurang Lal (not before us) for offence under Sections 147, 447, 323 and 307 IPC. During the treatment, injured Kana Ram died on 14.7.1999 and charge-sheet was filed against the appellants for offence under Sections 147, 148, 307, 302 IPC and Naurang Lal S/o Mohan Lal being minor was sent to the Juvenile Justice Court for trial.