STATE OF RAJASTHAN Vs. CHANDALAL

JUDGEMENT

(1.) THIS is a State appeal Under Section 417, Cr PC (1898) against the judgment of the learned Additional Sessions Judge, Jhalawar acquitting all the four accused -respondents of the charges under Section 302/34 and 307/14, IPC.

(2.) WHEN the appeal was pending in this Court, the two accused -respondents, Dar mal and Kedarlal (2 and 3) expired An application was filed by the learned Advocate for the accused -respondents on 29 -12 -79, informing this Court about the sad demise of these accused -respondents. As it is an appeal against an acquittal under Section 417, Cr CP 1898, it finally abates under Section 431, Cr P.C. (1898), which corresponds to Section 394(1), Cr C.P. (1973, so far as the accused Danmal and Kedarlal are concerned. We shall, therefore, confine ourselves to the State Appeal so far as the other accused -respondents Chandalal and Bhawani Shankar (1 and 4) are concerned.

(3.) ON June 25, 1972, in the early hours of the morning Gopalsingh (deceased) along with his son Bahadursingh (also deceased), Mohan Nai, a labourer and others went to the field in dispute and maize was swon and they returned to their houses At about 10 A.M Bahadursingh (deceased) was returning from the market, and he informed Madansingh (FW 13) that he had seen the accused persons armed with 'Pharsis' and 'Kulharis' going towards the disputed field. Bahadursingh also informed the said Madansingh that he will go towards the field to see as to for what purpose the accused persons had gone there. Madansingh restrained him from going to the field, but Bahadursingh could not resist himself and went towards the disputed field. He was accompanied by Raghubirsingh (PW 12). Others, namely, Gopal Singh (deceased; Ratansingh (PW 11), Bhagwan Singh (PW 9) and Madan Singh (PW 13) also followed them. No sooner, Bahadur Singh reached near the disputed field, all the four accused respondents attacked Bahadursingh with their respective weapons Danmal, Bhawani Shankar and Kedarlal were having 'Pharsis' and Chandlal accused was armed with a '(sic)'. The accused persons also gave beating to Raghubirsingh, Gopalsingh, Ratansingh and Bhagwansingh by their respective weapons, Madansingh (PW 13), who witnessed the occurrence from a distance and did not go nearby the accused persons, as they had threatened him, went to P S. Manohar Thana and lodged the FIR (Ex P 1) at 11 A.M. A case was registered against the four accused and Head Constable Zahir Khan (PW 14) reached the spot He saw that Bahadursingh was lying dead and Gopalsingh, Raghubirsingh and Ratansingh were lying injured. He made arrangements for sending the injured persons to the hospital and prepared the inquest report (Ex P 3) and other memos at the spot. Gopalsingh also died as a result of the injuries on the same evening in the hospital and his inquest report (Ex P 6) was also prepared. In the evening of 26 -6 -72, Madansingh (PW 15) took the investigation, arrested the accused persons and on their information, 'Kulhari' and 'Pharsis' were recovered.