SARWAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by six accused appellants against their convictions and sentences passed by the learned Sessions Judge, Alwar dated 9th Aug., 1975. The learned Sessions Judge convicted and sentenced the accused appellants in the following manner :

(2.) The prosecution case in brief is that the field of the complainant Chiranji and field of accused Sarwan, Parma and Munshi are situated by the side of a path. A portion of the public path was encroached by accused Sarwan, Munshi, and Parma. The fields were got measured on 26th April, 1973 by the patwari and the Naib Tehsildar at the request of the accused persons and it was found that path was encroached by the accused persons. At the time of measurement of the fields 13 persons from the side of the accused were present and from the side of the complainant Chiranji PW 1, Daya Lal PW 6 and Kishori PW 5 were present. In the evening when the aforesaid persons Chiranji, Daya Lal and Kishori were returning and reached the vicinity of Chamars, all the 13 accused persons attacked on them and inflicted injuries with lathis and axes. On raising hue and cry by Chiranji, Kishan Lal, Harphool, Ramji Lal and Ramswaroop came to their rescue but they were also injured by the accused party. Laxmi Narain, Girraj and Ramniwas witnessed the occurrence. Kishori and Daya Lal got injuries with axe and lathis and Kishan Lal, Chiranji, Ramji Lal, Ram Swaroop and Harphool received injuries with lathis. The injured persons were taken to hospital at Rajgarh where the injuries were examined and thereafter Kishori Lal and Daya Lal were referred for x-ray examination of their injuries. A written report of the incident Ex PI was lodged on 26th April. 1973 at 8:45 p.m at police station, Rajgarh by Chiranji PW 1. On the basis of the aforesaid written report an F.I.R. Ex.P 15 was registered and after completing the investigation the 13 accused persons were challaned before the learned Munsif and Judicial Magistrate First Class, Rajgarh. The learned Judicial Magistrate First Class, Rajgarh, committed all the accused persons for trial to the court of Sessions Judge, Alwar for offences under sections 307, 326, 325, and 147 IPC. The learned Sessions Judge framed charges under sections 148, 307 in the alternative 307 read with 149 and 325 read with 149 IPC, The accused persons pleaded not guilty to the charges and claimed to be tried. The prosecution in support of its case examined PW 1 Chiranji, PW 2 Kishan Lal, PW 3 Harphool, PW 4 Ramjilal PW.5 Kishori, PW. 6 Daya Lal, PW 7 Girraj PW 8 Dr.D.R. Sharma, PW 9 Dr. G.P Sharma and PW 10 Karan Singh Investigating Officer. The accused were examined under section 313 Crimial P.C. and they examined Tara DW 1 Badri Prased DW 2 in their defence. The learned Sessions Judge on the basis of arguments advanced in the case framed the following main points for decision:

(3.) On point No. 1 the learned Sessions Judge held that it was proved 7 injured persons suffered injuries given in injury reports Ex. P. 9 to P14 and P16. in the occurrence that took place on the evening of 26th April, 1973, in the Mohalla of Chamars at Pinan. Under point No.2 the learned Sessions Judge held that participation of accused Mangai Chhotey Khan, Mamna, Sardarn Parma, Safeda and Lila was not proved. He further held that the remaining six accused persons cannot be held liable under section 148 Penal Code but they were liable under section 148 Penal Code Under point No. 3, the learned Sessions Judge held that the accused Sarwan, Musaddi, Ramjilal, Munshi, Tajju and Rehmat were found guilty under section 325 read with 149, 324 read with 149 and 323 read with 149 IPC. Under point No. 4 the learned Sessions Judge gave sentences to the accused appellants as indicated above.