POLYA AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal filed under Section 374 of the Code of Criminal Procedure by 15 accused-appellants against judgment and order dated 11.09.2003 of learned Additional Sessions Judge (Fast Track) Alwar, in Sessions Case No.13/2002 (21/02), whereby accused-appellant no.4 Padam @ Padam Chand was convicted for offence under Section 302 IPC simplicitor, accused-appellant no.8 Sonya @ Sohan Lal was convicted for offence under Section 307 IPC simplicitor, accused-appellant no.5 Pappu was convicted for offence under Section 326 IPC simplicitor, whereas all other accused-appellants, including each of these three, in respect of substantive offence of one another, who were individually convicted for offences under Sections 302, 307 and 326 IPC simplicitor, were convicted for offences under Sections 148, 324/149, 323/149, 447 of the IPC. Accused Padam @ Padam Chand was sentenced to life imprisonment and a fine of Rs.5000/-, in default of payment thereof, he was to further undergo one year RI on account of his conviction under Section 302 IPC simplicitor. Accused Sonya @ Sohan Lal was sentenced to ten years RI and a fine of Rs.2000/-, in default of payment thereof he was to further undergo one year RI for his conviction under Section 307 IPC. Accused-appellant Pappu was sentenced to five years RI and a fine of Rs.1000/-, in default of payment thereof, he was to further undergo six months RI for his conviction under Section 326 IPC. Accused-appellants Padam @ Padam Chand and Sonya @ Sohan Lal were also convicted for offence under Section 3/25 of the Arms Act and thereunder both were sentenced to undergo three years RI and a fine of Rs.1000/- each, in default of payment thereof they were to further undergo three months RI. All accused-appellants, including these three, were awarded sentence of life imprisonment and fine of Rs.2000/-, in default of payment of fine, they were to further undergo one year RI for offence under Section 302/149 of the IPC; they were sentenced to undergo seven years RI with a fine of Rs.1000/-, in default of payment of which, they were to further undergo six months RI for offence under Section 307/149 of the IPC; they were sentenced to undergo five years RI and a fine of Rs.1000/-, in default of which they were to further undergo six months RI for offence under Section 326/149 IPC; they were sentenced to undergo two years RI and a fine of Rs.1000/-, in default of payment thereof they were to further undergo three months RI for offence under Section 324/149 IPC; and they were sentenced to undergo one year RI for offence under Section 323/149 IPC, and three months RI for offence under Section 447 IPC. All the sentences were ordered to run concurrently.

(2.) It may be at the very outset noted that one of the appellants, namely, appellant no.3 Charan Singh expired during pendency of the appeal and therefore his appeal stood abated. Sentence of all other accused-appellants, except accused-appellant no.4 Padam @ Padam Chand, was suspended by this court.

(3.) Facts giving rise to this appeal are that a parcha bayan was given by one Mohar Singh S/o Lahari, to Station House Officer, Police Station, Udyog Nagar, Alwar, on 01.05.2001, at about 10.00 AM, alleging therein that he had gone to plough his dherwala agriculture field at about 8.00-8.30 AM on that day on his tractor accompanied by his nephew Sher Singh who was on another tractor. They were also accompanied by other persons, namely, Jaisingh @ Bhuru, Ramoti, Siyawati, Mukesh, Khemchand, Mansingh, Kishore, Kailash, Natthi etc. After ploughing the field, when they were returning to home, Jumma, Bhoodhar, Polya, Lallu, Padam, Charni, Pappu, Aanya, Sonya, Daulat, Tara Bai, Murti, Nathiya, Gujari, Sampatti, Laxmi, Sheela, Kamlesh etc. armed with guns, pharsis, kulharis and lathis, intercepted their way and asked them why they have ploughed their agriculture field. Padam opened fire which hit Jaisingh @ Bhuru, who died on the spot. Sonya @ Sohan Lal also opened fire as a result of which Mukesh received injuries. Rest of the accused started beating other persons and inflicted blows with kulharis, pharsis and lathis. Mukesh, Sher Singh, Khemchand, Mansingh, Smt. Ramwati and Siyawati had received grievous injuries. Informant however stated that since he was on the tractor, he did not receive any injury. Ram Khilari, Lallu and Ramjas have seen this occurrence and it is because they started raising hue and cry that the accused ran away. Family members of the informant took all the injured including deceased Jaisingh @ Bhuru to the hospital at Alwar.