HIMMAT DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the appeals have been directed against the judgment dated 19. 12. 1981, passed by the learned Sessions Judge, Jodhpur, in Sessions Case No. 147/1980. In D. B. Criminal Appeal No. 659/1981, appellants Himmat Dan, Shiv Dan and Man Dan and in Appeal No. 1/1982, Pratap Dan, Har Dan and Bakhtavar Dan have been convicted of the offence u/s 302/149 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 100/- each and in default of payment, to further undergo one month's rigorous imprisonment. All the accused persons have also been convicted of offence u/ss 148, 447 and 307/149 IPC and they have been sentenced to one year's rigorous imprisonment, six months' simple imprisonment and four years' rigorous imprisonment respectively. Appellant Pratap Das has also been convicted of offence u/s 324 IPC and appellants Bakhtavar Dan, Har Dan, Himmat Dan, Shiv Dan and Man Dan of offence u/s 324/149 IPC and each of them has been sentenced to six months' rigorous imprisonment. All the appellants have also been convicted of the offence u/s 323 IPC and sentenced to six month's simple imprisonment. All the sentences have been ordered to run concurrently.

(2.) THE prosecution case as disclosed during the trial is that P. W. 1 Ghewar Ram Megwal is a resident of village Birai, Tehsil Shergarh, District Jodhpur. On the outskirt of village Birai, there is a well known as Alakhsagar in the agricultural land bearing Khasra No. 409, belonging to him. THEre is also a land of his ownership and possession in Khasra Nos. 410, 689 and 408. THE agricultural land in Khasra No. 408 was given in share to his brother Manak Ram. Rest of the land i. e. 17 bighas and 5 biswas of land in Khasra No. 410, 16 and half bighas of land in Khasra No. 689 and 12 bighas of land in Khasra No. 409 are in cultivatory possession of P. W. 1 Ghewar Ram for last more than 40 years. In between Nos. 410 and 689, there is a public way going from village Birai to Utambar. In two bighas of land in Khasra No. 410, Ghewar Ram had sown the crop of chillies in the year 1980 and in Khasra No. 689, the crop of `bajari' was sown. On 16. 8. 1980, P. W. 1 Ghewar Ram alongwith his son P. W. 2 Balu Ram and his wife P. W. 3 Smt. Jatna were working in the field of chillies. Ghewar Ram's another son Bhera Ram (deceased) and his wife P. W. 5 Mst. Noji and daughter-in-law P. W. 6 Mst. Chandani were in `jhupa' (Hut) constructed on the agricultural land bearing Khasra No. 410. Ghewar Ram's daughter P. W. 4 Miss Mangi was grazing cattle in the nearby area. It is alleged that at 9-10 A. M. , all the eight accused persons viz; (1) Pratap Dan (2) Sohan Dan, (3) Bakhtavar Dan, (4) Khet Dan, (5) Hardan, (6) Himmat Dan, (7) Shiv Dan and (8) Man Dan alongwith some labourers arrived on the land bearing Khasra No. 689. THEy started plucking the `sittiya' of Bajra crop. As the accused persons were in large number, Ghewar Ram could not dare to object plucking of Bajari `sittiya'. THEy continued to pluck the Bajari `sittiya' for an hour. THEreafter, they entered in the field of chillies where Ghewar Ram was working with other members of the family. Accused Pratap Dan and Sohan Dan were armed with `kulharis'. Rest of the accused were armed with lathis. Pratap Dan and Sohan Dan inflicted injuries on the head of Ghewar Ram by `kulhari'. On account of the injuries, he fell down. THEreafter, all the accused persons assaulted him. Bhera Ram, the elder son of Ghewar Ram came out of the `jhupa' to rescue his father. He was also assaulted by the accused persons. Bhera Ram also fell down on the ground. THE wife of Ghewar Ram P. W. 3 Mst. Jatni came to rescue her husband but she was also assaulted. THE same treatment was given to the son of Ghewar Ram i. e. P. W. 2 Balu Ram and P. W. 4 Mst. Mangi, daughter of Ghewar Ram, Bhera Ram's wife P. W. 6 Mst. Chandani with her one year baby escaped from the Dhani. It is further alleged that the accused persons lifted all the injured persons namely Bhera Ram, Balu Ram, Ghewar Ram and Smt. Jatna from the Bajari field and put them beneath the Khejri tree on the way between Khasra Nos. 410 and 689. THEy were further assaulted by kulharis and lathis. Bhera Ram succumbed to the injuries on the spot. Ghewar Ram, Balu am and Smt. Jatna remained lying injured beneath the Khejri tree. THE information of the incident was lodged by P. W. 7 Jagmal Dan, a school teacher, vide Ex. P. 6 at Police Station, Balesar, on 17. 8. 80 at 1 A. M. On the basis of this information, police registered a case for the offence u/s 302 IPC and proceeded with investigation. After usual investigation, police submitted a chargesheet against eight accused persons for the offences u/ss 302, 307, 324, 325, 149, 447, 148 IPC.

(3.) P. W. 13 Dr. Narendra Gehlot has stated that on 17. 9. 80, he examined P. W. 1 Ghewar Ram and found the following injuries on his person: " 1. Lacerated wound 3cm x. 5cm x. 5cm deep oblique on Rt. side of scalp, about 7cm above to Rt. eye brow; 2. Incised wound 7cm x 1cm x 1cm deep on Rt. parietal region about 8cm above to Rt. ear, oblique in nature from parietal Rt. side to central part of scalp; 3. Incised wound 4. 5cm x 1cm x 1cm deep horizontal in nature from Lt. side to central side of occpit, on the occipital region; 4. Incised wound 2. 5cm x. 5cm x. 5cm deep on occipital region, Horizontal in nature about 2cm. posterior to injury No. 3; 5. Lacerated wound 1. 5 cm x 1cm x. 3cm on Lat. side of Rt. eye; 6. Lacerated wound 1cm x. 5cm x. 5cm deep on Extensor Surface of Rt. arm in Lower 1/3 part; 7. Abrasions 1 x 1cm on Rt. Index finger. 5 x 1cm on Rt. middle finger (Rt. Hand) 8. Swelling 8cm x 6cm on dorsal side of Rt. palm; 9. Swelling 6cm x 5cm on Extensor side of Left arm in mid part; 10. Swelling 8. 5 cm x 8cm on Left arm just below to left elbow; 11. Contusion 9cm x 2cm oblique on Lt. side of Back; 12. Contusion 7cm x 1cm Horizontal on It. side of back in lower part; 13. Contusion 10cm x 7cm on left scapular region; 14. Multiple contusions 20cm x 18cm on Right gluteal region; 15. Multiple contusions 20. 5cm x 16cm on left gluteal region. " He has proved the injury report Ex. P. 52. He also stated that injuries No. 2, 3 and 4 were caused by sharp edged weapon and rest of the injuries were caused by blunt object. He referred injuries No. 8, 9, 10 and 11 for radiological examination. He found rest of the injuries simple in nature. After seeing the x-ray plate, Ex. P. 16, he opined that injuries No. 8, 9, 10 and 11 were grievous in nature. He also stated that on the same day, he examined P. W. 2 Balu Ram, aged 16 years. He noticed the following injuries on his person: " 1. Incised wound 5cm x 1cm x. 5cm deep on central part of scalp about 5. 5cm above to glabella running antero posteriorly; 2. Contusion 10cm x 8cm on Lt. upper arm on the deltoid region; 3. Contusion 12cm x 10cm on left shoulder region (scapular); 4. Contusion 10cm x 8cm on Rt. scapular region; 5. Contusion 6cm x 2cm oblique, on left side of Back; 6. Contusion 5cm x 5cm on Extensor side of left arm in mid part; 7. Contusion 5cm x 3cm on Rt. arm on Extensor side in lower 1/3 part; 8. Contusion 9cm x 2cm on left gluteal region; 9. Contusion 11cm x 2. 5cm oblique, on lateral side of left thigh, on upper part; 10. Contusion 7cm x 1cm oblique, on Lat. side of left thigh in mid part; 11. Lacerated wound 2cm x. 5cm x. 2cm vertical in mid part of left leg on Ant. side; 12. Contusion 5 x 4cm on left leg in mid part 3cm above to injury No. 11; 13. Lacerated wound 1cm x. 5cm x. 2cm deep vertical on Rt. leg in mid part; 14. Lacerated wound 1 x. 5cm x. 3cm deep on Rt. leg in mid part vertical; 15. Contusion 5 x 4cm on Rt. gluteal region; 16. Pt. complained of pain in Rt. knee joint, but no injury is seen. " He has proved injury report Ex. P. 53. He found injury No. 1 simple in nature caused by sharp edged weapon.