BHANWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN a trial for the charges Under Sections 302, 34 and 447 IPC, the learned Sessions Judge, Churu held the appellants Mani Ram, Bhanwari and Mohini guilty Under Section 302 read with Sections 34 and 447 IPC and sentenced them each for life imprisonment and a fine of Rs. 2000/ -, in default to six months rigorous imprisonment on the first count and one months rigorous imprisonment on the second count. Feeling dissatisfied by their conviction and sentences, the three appellants have preferred this appeal.

(2.) BRIEFLY stated, the prosecution case is that Surja Ram (PW 6) had three sons viz. Sugna Ram, Jagdish and Durga Ram. Durga Ram became a hermit. Sugna Ram was given land at Rajasar. Thirty -eight bighas of land at village Kohina was cultivated by Surja Ram himself and his son Jagdish. Sugna Ram returned from Rajasar and demanded share of land at Kohina. At the intervention of the panchas, eight bighas of land was given to Sugna Ram by Surja Ram which was cultivated by him.and his family. This caused annoyance to Jagdish and the relations between the two brothers i.e. Sugna Ram and Jagdish became strained. On 11.11.82, Sugna Ram's she -buffalos entered the field of Jagdish. Jagdish drove them out. Feeling aggrieved Sugna Ram's wife Mohini, his son Mani Ram and daughter Bhanwari, present in their field object to it and went near Jagdish outside the field. Mohini is said to be armed with Gandasi at that time and Mani Ram and Bhanwari with lathies. The three appellants started beating Jagdish and inflicted blow on his head. He fell down. Lichhma (PW 5) wife of Jagdish present in the field at a little distance rushed to his rescue and fell over Jagdish lying on the ground. The assailants caused injuries to her also. Narayan Singh (PW 1), a laborer working at the field of Surja Ram and Jagdish, while returning to his house turned back on hearing the cry of Lichhma and saw the appellants giving a beating to her and her husband jagdish. Surja Ram and Narayan Ram took Jagdish to his house and thereafter to Taranagar Hospital and reached there at 1.45 p.m. Dr. S.S. Sekhawat (PW 3) examined the injuries of Jagdish and prepared the Injury Report Ex. P. 9. The doctor noted following injuries on his person.

(3.) WE heard MR. Sunil Mehta, learned Counsel for the appellant and Mr. Kanti Lal Jasmatiya, learned Public Prosecutor for the State.