BHAWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 35 persons were tried by the Additional Sessions Judge, Kishangarhwas (Alwar) Rajasthan, for the offences under Sections 147, 148, 448, 302, 307 and 365 IPC read with Section 3/25 of the Arms Act. By his judgment dated 2nd July, 1988 the learned Additional Sessions Judge has convicted two person, namely, Bhawani and Hari Singh and acquitted the other 33 persons. He arrived at the conclusion that Bhawani, Hari Singh, Kishanlal, Ramjilal and Amilal formed as unlawful assembly and entered the Nohara of Mst. Patori and in pursuance of their common intention fired at Deshraj and Hoshiar and caused their death and also injured other persons and thus attempted to cause their death. Out of these five persons Kishan Lal, Ramjilal and Amilal were absconding and as such they could not be tried and only Bhawani and Hari Singh were convicted. They have been convicted and sentenced as under: Bhawani & Hari Singh :

(2.) THE incident out of which the case arises occurred in village Bhajnawas, which falls under Police Station Mundawar, on 21st Dec. 1985 at evening time. The report of the incident was lodged at Police Station Mundawar by PW 1 Daya Ram son Badloo Ram at 8.00 p.m. He gave out that on the same day at about 5.30 p.m. he was cutting kutti in his Nohara, while Leela, Deshraj, Babulal, Daulat, Ratan, Makhan and others were sitting in the Bethak. All of a sudden Kishanlal, Hari Singh and Bhawani and 13 others (who have been named in the FIR) came there armed with lathies, farsies, and guns. Kishan Lal had a twelve bore gun, Ramjilal had a pistol, Bhawani had a twelve bore gun, while Harisingh had a twelve bore katta. Others had farsies and some had lathies. Kishanlal abused them and fired on account of which Deshraj and Leela received injuries. Bholoo and Hoshiar and others came there on hearing gun shots. A gun was fired in their direction also. Deshraj and Hoshiar died on the spot. When they were sending the injured persons to the Hospital in the jeep of Banulal Vaid, then one Ramsingh Mali, who was also in the jeep was forcibly dragged out of the vehicle and was beaten by the accused. It was also mentioned in the FIR that there was enmity between the parties on account of Nohara and some proceedings were pending before the Sub -Divisional Magistrate, Kishangarhbas. This Dayaram who lodged the report himself had several pellet injuries.

(3.) THE investigating officer recorded the statements of witnesses and arrested the accused persons from time to time. Accused Bhawani gave information on 22nd Dec. 1985, on the basis of which a twelve bore gun and five empty cartridges and two live cartridges of twelve bore were recovered. On 30th Dec. 1985, from the other accused lathies and farsies were recovered. The persons injured in the firing are, Babulal, Dayaram, Makhan Ram, Daulat Ram, Leelaram, Bholooram, Santosh and Ratan Lal. Their injury reports are Ex. P/46, P/48, P/66, P/67, P/68, P/69, P/70 and P/71 respectively. All of them had pellet injuries scattered over different parts of the body. The injuries of Bholoo maybe described, who had multiple pellet injuries on right arm, forearm, on chesh on right side, and on back of posterolateral aspect and on right side, on right and left thighs, two pellet marks on left hand, one pellet injury on neck posteriori. The post mortem report of Deshraj and Hoshiar are Ex. P/75 and Ex. P/76 respectively and they had 42 and 25 gun shot wounds on different parts of the bodies respectively. The death in both cases occurred as a result of gun shot injuries.