SAWA AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by appellants Sawa and Lalu, both sons of Partha, by caste Gameta (Bhil), residents of Khurvadi Magra, Kelwada, District Udaipur, against the judgment of conviction and order of sentence dated 22.08.1988 passed by learned Additional District and Sessions Judge, Rajsamand in Sessions Case No. 5/86, by which the appellant No. 1 Sawa was convicted for commission of offence under Sec. 304 Part II Penal Code and sentenced to undergo 4 years rigorous imprisonment and to pay a fine of Rs. 500.00 and appellant No. 2 Lalu was convicted for commission of offence under Sec. 302 Part II read with Sec. 34 Penal Code and sentenced to undergo 3 years rigorous imprisonment and to pay a fine of Rs. 500.00 and default of payment of fine, the accused appellants were ordered to further undergo 6 months rigorous imprisonment.

(2.) Originally this criminal appeal was filed by 3 accused appellants, out of whom appellant Partha S/o Gemana, by caste Gametha (Bhil) resident of Khuvadi Magra, Kelwada, District Udaipur had died and on the basis of verification of above, the appeal of accused appellant Partha S/o Gemana was abated.

(3.) The nub of the prosecution story is that on 23.10.1985 when Station House Officer, Police Station Kelwada had gone for investigation in Criminal Case No. 81/85 in the Village Khurvedi, then complainant Roopa S/o Uda made a written report to the Station House Officer alleging that there was a dispute of land between the accused Partha and his family members and him and his uncle Ganga. There was old enmity between these families. The complainant further alleged in the complaint that at 3.00 p.m., when Ganga was cutting grass in his own field, Ganga's sons Mava and Saroopa made loud cries and upon hearing the cries, complainant went to the spot and saw that accused Partha, Sawa, Lalu, Smt. Chunki, Dav, Verdha, Smt. Umli, Khuma, Smt. Gulabi, Moti Chunki and Uding carrying kulhari, lathis and stones were beating Ganga. They were armed with weapons. Dav inflicted kulhari blow on the head of Ganga and other accused also inflicted several injuries on the body of Ganga.