CHATRA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforementioned appeal has been filed by appellants against their conviction and sentences as recorded by the learned Additional Sessions Judge (Fast Track) Bali District Pali in Sessions Case No. 63/2005 whereby the appellants have been convicted and sentenced as below : <FRM>JUDGEMENT_237_LAWS(RAJ)5_2011.htm</FRM> All the sentences have been directed to run concurrently.

(2.) The case came up today before the Court for consideration of the application for suspension of sentences. Looking to the short point involved in the matter and with the consent of both the parties, the appeal itself has been heard finally on merit. The counsel for the appellant has not challenged the conviction of the appellants but has submitted that the conviction of the appellants for the offence under Sec. 302 I.P.C. looking to the facts and circumstances of the case is illegal.

(3.) Briefly stated the case of the prosecution was that one Bhaga S/o Sawa Garasia (PW-6), submitted a written report (Ex.P-7) to the S.H.O., Police Station, Nana that in the morning he and his son Narayan were working in the field and tilling the maize. At that time his uncle's son Ratta was also doing the agricultural job in his own field. At about 11 a.m. Chamna S/o Sawa, Parta S/o Bada, Babu S/o Bada, Chatra S/o Sawa, Deva S/o Chatra, Mansha S/o Chatra, Pema S/o Sawa and his mother Kanku came in the field with common object to assault them armed with lathis and axe in their hands. On seeing them first informant and his son tried to run away when Chatra S/o Sawa gave axe blow on the abdomen and Chan-ma gave lathi blow to the first informant on his back when the first informant fell down, Chamna gave him a lathi blow on his abdomen and Babu, Deva caused injuries to his son Narayan by lathis. Seeing the assault, his uncle's son Ratta came to the intervene and tried to save them on which all the accused persons ran towards Ratta and inflicted injuries on his person. Ratta died on the spot. As per the first informant, his mother was exhorting the other accused to kill them and was also pelting stones. On seeing the assault on Ratta, Teji, Keli, Sankla Ram, Kastu, Bhuti Jetha also came there, who were also beaten by lathis and stones. When these persons tried to run away, they were chased up to the house of Nena with the cries, that the others would also be brought out and killed. When Manga intervened, the accused- persons ran away. After that the police came on the spot and took the injured persons to the hospital for treatment. It has been further alleged in the First Information Report that assault has been launched because of the land dispute and that previously also, some cases were going on between the parties in relation to the land in question.