Gopal Krishna Sharma, J. - (1.) This criminal appeal is directed against the judgment and order dated 17th Dec., 81 passed by the Sessions Judge, Jhunjhunu, by which, he convicted and sentenced each accused appellant as under:- JUDGEMENT_80_LAWS(RAJ)10_1985(1).html
(2.) The prosecution story, in brief is that one Mst. Manohari, daughter of Chainaram (deceased) accompanied by her maternal brother Ramlal, lodged a report before the Superintendent of police, Jhunjhunu on 16th June, 78 wherein, it was alleged that her father had a litigation with the villagers for the last so many years. When her father, Chainaram and her maternal brother Rajendra and herself were returning from field to their house, on the way when they reached the Jaw at about 11.30 A. M. the accused persons came there with a bullock-cart from the south and stated that enemy had come and that he would be finished. It was further alleged that Banwari started beating with a Gandasi, Maniram, Karniram and Randhir gave beating with lathis and bricks. Dwarkaprasad and Dayanand accused, it was alleged that they were saying that he (Chainaram) should be finished and should not be let alive. On account of the injuries, her father Chainaram fell down on the ground. All the accused persons then ran away from the scene of occurrence. They (complainant-party) then took Chainaram on a cot to the house, reaching where, they noticed that he had already died. In spite of that, they called a doctor, who after examination, declared Chainaram as dead. On receipt of this report, a case under sections 147, 148 , 447 & 302/149, IP was registered and the investigation started. After arresting the accused persons and completing the investigation,the police submitted a challan against them. The learned Sessions Judge framed charges against the accused persons under sections 147, 302/149, 447 or 447/149. Accused Banwarilal was also charge-sheeted for offence under sections 502 & 148, IPC. All the accused persons denied the charges framed against them and claimed trial.
(3.) To support its case, the prosecution examined 12 witnesses in all. However, no witness was examined by the accused persons in their defence. After pursuing the entire case-record and hearing both the sides, the learned Sessions Judge found all the accused persons guilty of the offences and sentenced each of them as mentioned above.;