AMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the order passed by the Additional Sessions Judge, Jalore convicting the accused appellants Under Section 307 read with Section 149, 147, 148, 324 read with Section 149, and Section 323 read with Section 149. Indian Penal Code and sentencing them to various terms of imprisonment for the aforesaid offences.

(2.) THE prosecution case briefly is that the accused -appellants Amara, Koja, Thana, Raga, Rajiya and Punama left their village Bhawana on account of famine conditions and were staying in the field of Raga Jat in village Ranodar under police station, Sanchore along with their cattle and donkeys. On February 24, 1975 the donkeys are said to have been let free by the accused appellants for grazing and about noon time they strayed away and caused damage to the crops in the field of Bher Singh. Thereupon, Jogsingh and Bher Singh collected the donkeys in order to carry them to the cattle pound. Rajiya accused is alleged to have met them on the way end asked them to release the donkeys, but then he was told by Bhersingh and Jogsingh that they would take them to the cattle pound, as the donkeys had caused damage to the crop in Bhersingh's field. Rajiya went away and soon thereafter all the six accused persons collected and came to the field of Narayan, which was on the way while Bher Singh and Jogsingh were carrying the donkeys to the cattle pound. Thana was armed with a 'kulhari', Punama with 'Dhariya' and the remaining accused appellants were armed with 'lathis'. Rajiya is said to have again asked Bhersingh to release the donkeys but on his refusal to do so all the six accused persons attacked Bher Singh and Jog Singh causing injuries to them. Mal Singh filed a first information report with the police station, Sanchore stating the aforesaid facts and also that Bher Singh and Jog Singh were lying on the way, out of whom the condition of Bhersingh was serious and that he was unconscious and that Jog Singh had narrated the story to him. Thereafter Bher Singh and Jog Singh were carried to the Civil Hospital at Sanchore where Bher Singh was admitted at about 3 30 p.m. in semi -conscious state. Both Bher Singh and Jog Singh were medically examined and injuries memos Ex. P.2 and Ex P. 6 respectively were prepared. After the usual investigation a challan was filed in the Court of Judicial Magistrate, First Class, Sanchore, who by his order dated August 29, 1975 committed the accused appellants to stand their trial before the Sessions Judge, Jalore in respect of offence under Sections 307, 326, 147, 148 and 149, Indian Penal Code,

(3.) IN this appeal, the main argument advanced by the learned Counsel for the accused appellants is that the occurrence had taken place not in the field of Narayan as alleged by the prosecution but it had taken place in the field of Raga Jat, where the accused appellants Amara Thana and Punama were staying and that it was actually Bher Singh and Jogsingh and their party who came and started beating the accused appellants and injuries caused to Bher Singh and Jogsingh were inflicted in self defence. In support of his contention, learned Counsel relied upon the statement of the Investigating Officer P.W. 8 Bhanwar Singh who stated in the cross -examination that the field of Narayan Jat was about 2 miles away from the field of Raga Jat and that the occurrence had taken place in the field of Raga Jat, where the accused were staying. P.W. 8 Bhanwar Singh found blood spilled in the field of Raga Jat, and also found signs of a fight having taken place there. The learned Additional Sessions Judge has considered this aspect of the case and has came to the conclusion that the incident in which Bher Singh and Jogsingh had received injuries had taken place in the field of Narayan Jat. Besides the testimony of PW 1 Narayan and PW 2 Jorsingh, the statement of PW 8 Bhanwar Singh, Investigating Officer and PW 7 Bhanwar Singh, Motbir also support the prosecution case that the incident had taken place in the field of Narayan, which lies on the main road between the villages Ranodar and Melawas. The site -plan Ex. P.11 and inspection note Ex.P.7 were prepared by PW8 Bhanwar Singh and it appears therefrom that the incident had taken place on the main road leading from village Ranodar. It may also be mentioned here that according to the prosecution story, the incident had taken place at about 10 or 11 A.M. on February 24, 1975. The first information report in respect thereof was lodged by Malsingh at Police Station, Sanchore at about 12 noon on the same day and Bhersingh, who was then in serious condition and was lying unconscious on the way was taken to the Sanchore Hospital and was admitted there at about 3 30 p.m. on the same day. The injury reports of Bhersingh and Jog Singh were prepared at 5 p.m. on the same day and the injuries are said to have been caused with about 6 to 12 hours.