KADMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellants have challenged their conviction and sentence passed by the learned Additional Sessions Judge No.3, Dholpur in Sessions Case No.51/81 (106/76) State v. Deepu & Ors. dated 22.01.1982 by which each of them has been sentenced to six months rigorous imprisonment for offence under Section 147 I.P.C. and to life imprisonment and fine of Rs. 200/- in default rigorous imprisonment for two months for offence under Section 302 IPC.

(2.) Before adverting to the facts of the case, it may be stated that the appeal was admitted on 05.06.1982 and after receipt of the record, the sentence awarded to the appellants was ordered to be suspended on 21.10.1982. From the record, it transpires that appellant Anar Singh expired and appeal abated against him vide order dated 06.05.2010. Thus, present appeal survives only on behalf of Kadma appellant.

(3.) The brief facts leading to this appeal are that Bane Singh S/o Teka submitted written report Ext.P14 on 23.07.1976 at 1.05 P.M. at Police Station Basedi alleging therein that he is a resident of village Tajpur and at about 7-8 in the morning he, his brothers Mohar Singh and Birbal were ploughing their field and their brother Nawab Singh was also sitting nearby. Eleven persons namely: Lakhan, Anar, Hazari, Hakim, Prithvi, Gambhir, Gore, Kadma, Deepu, Ram Khiladi and Makhan reached there and asked them not to plough the land as it belonged to them. At this there was exchange of hot words and abuses between them and the aforesaid persons, who had lathis, farsa, swords and guns in their hands, later they started assaulting them. At this he and his brother tried to flee the place for saving their lives, but 14 other persons armed with lathis, farsa and guns came from the side of the village and started assaulting him and his brother. Ram Khiladi inflicted farsa injury on Mohar Singh's head due to which he fell down on the ground. Thereafter, Lalpat struck him on his head with a lathi and other persons also beat him with lathis as a result of which he became unconscious and thus does not know which accused caused injuries to other persons. When he regained consciousness, Badam, Rajveer and Dharam Singh of his village were standing there who had seen the occurrence and they took him and his brothers to the hospital. The accused persons came to take over possession of their land illegally. On the basis of the aforesaid report, FIR No.74/76 Ext.P16 was registered. The Police conducted investigation during which recoveries of weapons of offence, clothes etc. were made. Since Mohar Singh had expired, a post mortem of the body of Mohar Singh was got conducted. The Police after investigation submitted report under Section 173 Cr.P.C. against 33 persons. Charges were framed against the accused persons for offences under Sections 147, 148, 323, 325, 326, 302 and 149 I.P.C. to which they pleaded not guilty and claimed trial. The prosecution produced 20 witnesses and 89 documents. The accused persons were examined under Section 313 Cr.P.C. in which they stated that they have been wrongly implicated. They did not produce any defence evidence. After hearing, the learned Additional Sessions Judge acquitted 15 persons and held 15 persons guilty of various offences and sentenced them to different imprisonments.