STATE OF RAJASTHAN Vs. LAXMIDAN

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Rahasthan High Court acquitting the respondents of the charges under Section 147 and Section 302 read with Section 149 of Indian Penal Code.

(2.) The respondents are related closely to one another. Udai Bhan is the father of Bachandan, the other three Laxmidan, Naraindan and Durgadan are the nephews of Udaibhan. They are all residents of that village Jhakar in the district Sirohi. Murardan deceased was also a resident of that village. The occurrence is alleged to have taken place on December 27, 1963 at about 11 A.M. in the field of Meghla Ghanchi which is at a distance of about half a mile from the village Jhakar. It was alleged that some dispute had been going on between the respondents and the deceased Murardan over some agricultural land. Udaibhan (Respondent) wanted to take possession of the land of the deceased which was resented by the deceased. There was thus bitterness between Udaibhan and Murardan. According to the first information report which was made by Badridan P.W. 3, he was proceeding to Kutala-ki-Dali on his bullock cart for bringing some bajri. His brother Panchudan was also coming behind him. On the way, Badridan heard the cries of Murardan. Badridan left his cart and went to Meghla Ghanchi field from which side the cries were coming. He and his brother saw the respondents giving lathi blows to Murardan from a distance of 40 to 50 paces.

(3.) The prosecution evidence consisted mainly of Badridan P.W. 3, Panchudan P.W. 15 and Tolia P.W. 10. The Additional Sessions Judge who tried the respondents disbelieved the evidence regarding recovery of blood stained clothes and lathies on which also the prosecution had relied but he proceeded to convict the respondents on the evidence of the eye witnesses and of Mohandan P.W. 8 Each one of them was awarded a sentence of life imprisonment under Section 302 read with Section 149 and to one year's rigorous imprisonment under Secion 147 of the Indian Penal Code.