RAMDAYAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1987-12-26
HIGH COURT OF RAJASTHAN
Decided on
December 04,1987
RAMDAYAL
Appellant
VERSUS
STATE OF RAJASTHAN
Respondents
Referred Judgements :-
KANHAIYA AND OTHERS V. THE STATE OF RAJASTHAN [REFERRED TO]BACCHAN DAN V. STATE OF RAJASTHAN [REFERRED TO]
CHAMELI V. STATE OF RAJASTHAN [REFERRED TO]
KAILASH V. THE STATE OF RAJASTHAN [REFERRED TO]
SANTO SINGH V. THE STATE OF RAJASTHAN [REFERRED TO]
SURESH V. STATE OF M.P. [REFERRED TO]
RAM NATH MADHOPRASAD VS. STATE OF MADHYA PRADESH [REFERRED TO]
TARACHAND DAMU SUTAR VS. STATE OF MAHARASHTRA [REFERRED TO]
MOHAMMAD EKRAMUL VS. STATE OF BIHAR [REFERRED TO]
CHANDRAKANT LUXMAN VS. STATE OF MAHARASHTRA [REFERRED TO]
RASHEED BEG VS. STATE OF MADHYA PRADESH [REFERRED TO]
KUSA VS. STATE OF ORISSA [REFERRED TO]
MOHAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
RAMAWATI DEVI VS. STATE OF BIHAR [REFERRED TO]
STATE OF UTTAR PRADESH VS. RAM SAGAR YADAV [REFERRED TO]
RAM AVTAR VS. STATE DELHI ADMINISTRATION [REFERRED TO]
TAGA AND LAKHA V. STATE OF RAJASTHAN [REFERRED TO]
PRITHVIRAJ VS. STATE OF RAJASTHAN [REFERRED TO]
JUDGEMENT
S.N.Bhargava, J. -
(1.)This appeal has been filed by the appellants against the judgment passed by Additional Sessions Judge, Karauli convicting each of the accused persons u/ss. 302/ 34 IPC, and sentencing each of them to undergo imprisonment for life and a fine of Rs. 500/- in default of payment of fine, further rigorous imprisonment for six months.
(2.)In this case, FIR (Ex. P. 15) was registered on 8.4.1984 at 10.40 PM at Police Station Kaila Devi on the basis of Parcha Bayan (Ex. P. 1) of Ram Kishan (PW-l) recorded at 10.30 P.M. wherein Ramkishan stated that in the morning at about 8-9 AM, he had gone in the fair of Kaila Devi. His brother-in-law Mahipat met him at about 10-11 AM near Langura, and thereafter he was with his brother-in-law Mahipat in the Mela (fair). At about 7 PM on the same day, they were playing cards in front of Langura, along with Harhet, (PW-3) Ramlal (PW-2) & Mahipat (deceased). At about 10 PM, Ummed sb Ratan Lal (PW-4) asked Mahipat to go to the tap for drinking water whereupon they left. Mahipat went ahead and Ummed followed him. Mishri, Kanhaiya, sons of Heera Chand Meena having Gandasi, and Lalpat son of Heera Chand Meena having a stick and Roshan son of Heera Chand having an axe, started beating Mahipat; as a result of the assault, Mahipat fell down on the Chowk. At that time, Kalyan was also present who tried to save Mahipat, as a result of which, he also got injury on his hand. Meanwhile, police people came there. At that time, Harhet (PW-3), Ratanlal PW-8 Murli (PW-5) were present.
(3.)The police registered case u/ss. 307, 147, 148, 149 and 323 IPC against five accused persons. After the death of Mahipat, the case was converted into one u/s 302 IPC.
(2.)In this case, FIR (Ex. P. 15) was registered on 8.4.1984 at 10.40 PM at Police Station Kaila Devi on the basis of Parcha Bayan (Ex. P. 1) of Ram Kishan (PW-l) recorded at 10.30 P.M. wherein Ramkishan stated that in the morning at about 8-9 AM, he had gone in the fair of Kaila Devi. His brother-in-law Mahipat met him at about 10-11 AM near Langura, and thereafter he was with his brother-in-law Mahipat in the Mela (fair). At about 7 PM on the same day, they were playing cards in front of Langura, along with Harhet, (PW-3) Ramlal (PW-2) & Mahipat (deceased). At about 10 PM, Ummed sb Ratan Lal (PW-4) asked Mahipat to go to the tap for drinking water whereupon they left. Mahipat went ahead and Ummed followed him. Mishri, Kanhaiya, sons of Heera Chand Meena having Gandasi, and Lalpat son of Heera Chand Meena having a stick and Roshan son of Heera Chand having an axe, started beating Mahipat; as a result of the assault, Mahipat fell down on the Chowk. At that time, Kalyan was also present who tried to save Mahipat, as a result of which, he also got injury on his hand. Meanwhile, police people came there. At that time, Harhet (PW-3), Ratanlal PW-8 Murli (PW-5) were present.
(3.)The police registered case u/ss. 307, 147, 148, 149 and 323 IPC against five accused persons. After the death of Mahipat, the case was converted into one u/s 302 IPC.
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