BHIK SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 7th of December, 1979, passed by Sessions Judge, Balotra, by which the learned Sessions Judge convicted accused Bhiksingh under Section 325, 147,447 and 323 I. P. C. and awarded a sentence of 3 years' rigorous imprisonment and. a fine of Rs. 700/- and in default of payment of fine to further undergo one year's rigorous imprisonment under Section 325 I. P. C. A sentence of three months' rigorous imprisonment and a fine of Rs. 100/- and in default or payment of fine, further 15 days' rigorous imprisonment under section 147 I. P. C. and a fine of Rs. 100/-and default of payment of fine to undergo 15 days' rigorous imprisonment under section 447 I. P. C. and a sentence of three years' rigorous imprisonment and a fine of Rs. 200/- was awarded under section 323 I. P. C. The other accussd-appellant and Jugatsingh, Amarsingh, Kheemsingh and Jagsingh were convicted under section 325/149, 147, 447 and 323 I. P. C. and were sentenced to 2 years' rigorous imprisonment and a fine a of Rs. 500/- and in default of payment of fine to further undergo six months' rigorous imprisonment under section 325/149. I. P. C. A sentence of 3 months' rigorous imprisonment and a fine of Rs. 100/-and in default of payment of fine to further undergo 15 days' rigorous imprisonment under section 147 I. P. C, a sentence of one moth's rigorous imprisonment and a fine of Rs. 100/- under section 447 I. P. C. and a sentence of 3 months' rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine to further under go 3 moths' rigorous imprisonment under section 323 I. P. C. All the Sentences were to run concurrently.

(2.) THE incident which led to the prosecution of the present appellants along with two other accused, Revatsingh Neemsingh took place on 7. 08. 1978, in the field of Ugamsingh. THE case of the prosecution is that on 7th of August,1978 Ugamsingh along with Annaram Bishnoi, went to cultivate his field in Khasra No. 153. He engaged Annaram along with his tractor to plough the field. When Annaram was ploughing the field accused Amarsingh, Jugatsingh Bhiksingh, Jug-singh, Kheemsingh and Neemsingh by caste Rajput resident of Atmaram along with Revatsingh came into the field by forming an unlawful assembly with an intention to kill Ugamsingh. THEy were armed with harrow (Dhei), Kheemsingh and Jugatsingh were armed with harrow, while others were armed with lathies. THEy came into the field and started beating Ugamsingh, Ugamsingh raised an alarm, upon which Dungarsingh came and tried to intervene he also received injuries. Ugamsingh was assaulted by Bhiksingh, Neemsingh, Jugatsingh, Khimsingh, Jugsingh, Revatsingh and Amarsingh, when these accused parsons were giving beating to Ugamsingh Ananaram took way his tractor and left the place of the incident. Dungarsingh was also assaulted by these accused parsons, and while intervening he also received injuries. Doonsarsingh received as many as 7 injuries on his person and injury No. l received by him was grievous in nature. Umedsingh received as many as 13 injuries. THE report of the incident was lodged by Kanwarraj Singh P. W. l before Superintendent of police which was sent to the Police Station, Ramsar, where it was registered. After necessary investigation, the challan of the case was presented by the Police in the court of Judicial Magistrate, Barmer, from there the case was committed to the Court of Sessions Judge, Balotra came Barmer and the learned Sessions Judge, Balotra, tried the present appellants along with Revatsingh and Neemsingh under section 307, 148, 447, 323 and 325/149 I. P. C. THE prosecution in support of its case, examined 9 witnesses, while the accused examined 3 witnesses in support of their defence. THE learned Sessions Judge, after trial, acquitted Revatsingh and Neemsingh for all the charges. THE learned Session Judge also acquitted the present appellants under sections 307 and 307/149 I. P. C. but convicted all the appellants as mentioned above.

(3.) CONSEQUENTLY, the appeal is allowed in part, the conviction of the appellant is maintained but the sentences is reduced to already undergone and a fine of Rs. 3000/- each and in default of payment of fine each accused shall undergo three months' rigorous imprisonment. In case, the fine is deposited then out of Rs. l5,000/-,rs. 7500/- may be given to injured Ugamsingh and Rs. 7500/- may be given to Doongarsingh. Three months' time is allowed to the appellants to deposit the fine. .