SAMADA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1976-11-50
HIGH COURT OF RAJASTHAN
Decided on November 08,1976

Samada Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

P.D. Kudal, J. - (1.) These three appeals arise out of the judgment dated July 22, 1974 of the learned Sessions Judge, Shri Ganganagar. As these three appeals arise out of the same judgment, they are being disposed of by this single judgment.
(2.) The facts of the case, in brief, are that on August 18, 1973, at about 6 p. m. Sharif and Saddiq were attacked by the accused persons, namely, Man Singh, Bhanwar Singh, Govind Singh, Chen Singh, Tejmal Singh, Samada and Sattar. They were charged with the offences under Sections 147, 302, 302/34, 302/149, 307 and 307/ 149, IPC. Accused Man Singh was further charged with an offence under Section 143 SPC, because he was armed with a "barchi".
(3.) The prosecution produced nine witnesses. The accused denied the charges and claimed to be tried. The learned Sessions Judge convicted the accused persons as under:- 1. Accused Man Singh, Bhanwar Singh, Tejmal Singh and Samada were sentenced to undergo rigorous imprisonment for seven years, and to pay a fine of Rs. 300/- each, in default thereof to undergo simple imprisonment for three months under Section 320 Part II, read with Section 149, IPC-for causing homicide of Sharif. 2. They were further convicted to three years rigorous imprisonment under Section 325 read with Section 149, IPC. 3. They were also convicted for two years rigorous imprisonment under Section 324, read with Section 149, IPC for rigorous imprisonment for six months under Section 323, read with Section i49, IPC. 4. They were also sentenced to one year's rigorous imprisonment under Section 147, IPC. All the substantive sentences of imprisonment were ordered to run concurrently.;


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