DHEER SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17.12.82 passed by the Addl. Sessions Judge. Gangapur City in Sessions Case No. 44/82. whereby the appellants have been convicted under sections 147, 323/149 and 323 IPC. Dharam Singh has also been convicted under section 326 Penal Code and Dheer Singh is also convicted under section 324 IPC.

(2.) The brief facts giving rise to this appeal are that on 17.8.80 at about 10 p.m. a written report Ex.P.l was lodged by P.W.1 Mohar Singh at Police Station Salempur against 9 persons including the appellants. In that report it was alleged that on 17.8.80 at about 4 p.m. Sheo Ram was coming back from the river after giving water to his buffalo and when he reached near Khatwar (carpenters courtyard) 8 persons named in the report including the appellants were sitting there and they were armed with weapons like sword dhariya gandasi and lathis. Ah the accused persons opened the attack upon Sheo Ram and gave beating by lathis and other sharp weapons. After hearing the cries of Sheo Ran , Hari Ram and Ganga Sahai came there in order to save Sheoram but they were also beaten by the accused persons. Vijty Singh and Ramchaian also came thereafter hearing the cries of Sheo Ram to save him from the hands of the accused-persons but they were also beaten by the accused-persons. According to the prosecution case Kalyan Singh, Rabriya, Ramdhan and Heli were the eye witnesses of the incident.

(3.) A cross report in support of the accused-persons was also lodged by Amar Singh on the same day i.e. 17.8.80. In that report it was alleged that all the members of the complainant party came to the house of the accused-persons armed with lathis and pharsi and all the members of the complainant party including the injured in this case and the witnesses who have been examined by the prosecution in this case opened an attack on the accused-persons. As per the defence version the incident took place just in front of the house of the accused persons. Six of the accused-persons namely Amar Singh, Bheem Singh, Omprakash, Dheer Singh, Prahlad and Dharam Singh sustained as many as 25 injuries by blunt weapon as well as by the sharp weapon. The learned Sessions Judge after framing charge which was denied by the accused persons and claimed to be tried, recorded the evidence of the prosecution witnesses and after hearing the arguments of the parties found the appellants guilty for the offence as stated above and passed the sentence against them.