NARAYAN & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal was initially filed by six accused appellants who were convicted by Additional Sessions Judge, Chittorgarh vide judgment dated 19.4.1986 in Sessions Case No. 10/1985 by which learned Addl. Sessions Judge, Chittorgarh convicted the accused-appellants Gangaram (died during the pendency of this appeal), Narainram and Mangilal under Section 302/34 Indian Penal Code. and sentenced to life imprisonment with fine of Rs. 100/- and further S.I. of one month in default. Learned trial Court further convicted and sentenced all of the accused appellants for offence under Section 325 read with Section 34 Indian Penal Code. for two years R.I. with fine of Rs. 100/-and in default to further undergo one month simple imprisonment and for offence under Section 447 Indian Penal Code. one month simple imprisonment for conviction under Section 324 read with Section 34 Indian Penal Code.

(2.) During the pendency of this appeal, main accused appellant Gangaram died on 14.9.1998, therefore, his appeal was abated. Likewise, appellant No. 4, Smt. Dhapu W/o Gangaram also died, therefore, her appeal was also ordered to be abated vide order dated 13.9.1999. Now, in this appeal we are adjudicating the case of Narayan, Mangia, Smt. Mangi and Kamla.

(3.) As per facts of the case, an F.I.R. was registered on the basis of the written complaint Ex.P-1 filed by Mangilal before Superintendent of Police, Chittorgarh upon which case was registered at Police Station Kapasan on 18.3.1982 at 4.30 P.M. In the F.I.R., it is alleged that in the agricultural land of one Nana S/o Devaji Ahir situated at Village Binakiya Kalla, one Smt. Ganga @ Nani widow of Nanaji Ahir and his adopted son Udai Ram were cultivating crop of wheat in three bighas of land. The day on which occurrence took place, the crop was ready and in the morning of 18.3.1982, when Smt. ganga and Nadu went in the agricultural field for cutting the crop at that time accused Ganga Ram, Mangia, Narayan, Mohan entered in her agricultural field armed with lathi and iron rod and first of all, the above persons sent Smt. Dhapu W/o Gangaram, Kamli D/o Gangaram and Mangi D/o Gangaram with kulhadi' and wooden stick to assault Smt. Ganga and Nandu. When above women started quarrel with Smt. Ganga and Nandu soon after that accused appellant Gangaram, Mohan, Narayan and Mangia came there and started beating. At that time from the agricultural field of her neighbour one Naru (deceased) and Udai came for rescue. At that time, Gangaram, Mangia, Narayan and Mohan gave beating to Naru and Udai Ram and due to severe beating by them, they became unconscious on spot, thereafter, Naru died on spot immediately after sometime. Further, it is stated in the complaint that for the purpose of post-mortem, the body of Naru was taken to the Government Hospital Chittorgarh. In the incident, Smt. Ganga received grievous injury upon her left hand and Smt. Nandu also received certain injuries. The above facts were informed to the complainant -Mangi Lal by Smt. Ganga and Smt. Nandu. Upon which the complainant Mangi Lal filed written complaint. Upon this written complaint, an F.I.R. Ex.P-1 was registered for offence under Sections 302, 307, 147, 149, 325 and 323 Indian Penal Code. and investigation was commenced. After completing all formalities of investigation was commenced. After completing all formalities of investigation, the police filed challan against all the accused-appellant and one juvenile accused Mohan under Sections 148, 302, 307, 325 read with Section 149 Indian Penal Code. The said challan was filed in the Court of Munsif and Judicial Magistrate, Kapasan from where the case was committed to the Court of District and Sessions Judge, Pratapgarh. Later on for the purpose of trial the case was transferred to the Court of Addl. District and Sessions Judge, Chittorgarh where trial took place after registering Case No. 10/1985.