PYARE LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been directed against the judgment of Additional Sessions Judge, Gangapur City, passed on 12th June, 1986, convicting and sentencing the accused appellants as under: <RP>Judgement_500_Tlraj0_1987.Htm</RP>

(2.) BAL Krishan PW -3, submitted a written report on 28th June, 1984 before the Dy. Superintendent of Police, Bhagwan Singh PW 14, at 11.45 p.m. who was camping at Police Station Mahuwa.lt was mentioned there in that on that day, at about 9 p.m. Shabhu Dayal alias Pappi s/o Pyare Lal Sunar had come to his house and called his brother Radhey Shyam. Radhey Shyam thereupon left the house, and he was followed by his father Ram Swaroop and his brother Gopal and in the end he (Bal Krishan) also followed. On the way, they saw 8 to 10 persons, armed with various weapons who made an assault on his brother Radhey Shyam, as a result of which, he fell down on the ground and became unconscious. When his brother Gopal went to Radhey Shyam's rescue, he was also given beating by the accused party. At that time, Ghan Shyam and Prakash and 8 to 10 other persons of the Mohalla intervened and 50 to 60 persons collected there. Thereafter, he returned to his house and informed his relatives. Since Shri Hukam Singh is related to the accused, therefore, a report was being made to the Dy. S.P.

(3.) AFTER usual investigation, a challan was filed in the court of Magistrate, who committed the case to the court of Sessions Judge. The learned Additional Sessions Judge, Gangapur City, after trial, convicted the accused appellants as aforesaid. Hence, this appeal.