HARGYAN & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants (Hargyan, Dayaram & Bhim Singh) have challenged the judgment of the court of Special Judge (SC/ST, Prevention of Atrocities) Sawai Madhopur, whereby each of them has been convicted & sentenced as under:-

(2.) All substantive sentences were ordered to run concurrently.

(3.) The prosecution of the appellants is as a result of a written report lodged on 28.7.97 by Ratan Lai (PW 2) at PS Nadoti (Sawai Madhopur) wherein he alleged that Samay Singh of Gopalpura village had assaulted his neighbour Samotya & persons of Bairwa. Community a few days back of which he had lodged a report against Samay Singh so Samay Singh was annoyed with him and consequently Samay Singh had come to his house on 27.7.97 and asked his wife Uganti (PW 5) about him and since he was not inside the house Samay Singh went back but with threats of dire consequence of killing him, inasmuch as in the afternoon also, Shanker & Bhim Singh both came to his house and started threatening to kill him. Ratanlal further alleged that he was at an agricultural field of one Master from whom he had the field on share basis, so he had gone to that field on his tractor alongwith driver Murari Mali (PW 3) Prabhu (husband of his sister-in-law), Battilal (his sister's husband), Pakhandi (his father-in-law) (PW 4) where Murari Mali went on ploughing the field while they went to the well for the bath, wherefrom Prabhu & Battilal both had gone towards 'nala' to ease themselves at about 7 or 7.30 but both of them were surrounded and beaten by Samay Singh, Bhim Singh, Daya, Hargyan & Shankar duly armed with lathi, Gandasi & Dharia. He also alleged that hearing the commotion, he reached the places of beating and saw aforenamed assaulters beating Prabhu & Batti with lathies, Gandasi & Dharia in a brutal manner. He alleged that besides aforenamed killers one more person was with them but whom he could not have recognised. He then alleged that upon hearing hue & cry of Prabhu & Batti, his father- in-law & driver Murari Mali had also reached the spot but they were also threatened by Samay Singh to kill them, if intervened during the beating.