STATE OF RAJASTHAN Vs. MOOL CHAND

JUDGEMENT

(1.) - The facts leading to these appeals & revision demonstrate as to how the criminal courts are used for working the vengeance and personal vendetta. The State as well as the complainant Bhagwat Prasad approached this Court praying that 23 accused respondents in these cases-be convicted and sentenced for offences under Sec. 147, 452, 302/149 IPC etc. and the acquittal recorded in their favour by the trial Court vide judgment dated 5-4-89 be set aside, while four accused appellants in SB Criminal Appeal No. 304/89 Hansraj Tara Chand, Hari Ram and Mool Chand challenged their conviction for offence under Sec. 323 IPC. After being convicted under section 323 I. P. C. they had been given benefit of probation under the provisions of Probation of Offenders Act.

(2.) ON 1st July 1985 Bhagwat Prasad (PW1) lodged a report at Police Station Kherthal district Alwar at 1 !. 30 P. M. where in it was alleged by him that at about 8. 30 p. m. all the 23 accused formed an unlawful assembly and trespassed in his house. He and other members of his family were taking meal at that time. Accused started abusing and Mool Chand gave a lathi blow on his head. Hansraj gave a blow on the head of Hari Ram. Udairam was inflicted injury by Tara Chand, Mahadevi by Tara Chand and all the accused caused injuries by lathi, kicks and fist. Litigation was going on between the parties since long and there was enmity. He stated that the fight was still going on and he having found out an opportunity, had escaped to lodged the report. Panna Mali and other has arrived at the spot. ON receipt of this report, a case under Sec-tions 147, 148, 149, 323 and 452 IPC was registered. ONe Smt Santosh w/o Sohan Lal aged 30 years was admitted in General Hospital, Alwar on the night intervening between 1. 07. 1985 as a case of pregnancy with blunt injury on abdomen. She was shifted to Janana Hospital on 2 7-85 where on the evening between 4/5. 07. 1985 she aborted dead female foetus of about 28 weeks. Her condition worsened and she expired on the morning of 6. 07. 1985 and the case was altered on one under Sec. 302 IPC. Police, after investigation, submitted a charge-sheet against as many as 23 accused, all named in the FIR. Hansraj and Tara Chand were read over charges for offences under Sec. 302 IPC simp licitor along with other offences while rest of the accused were charged for offence under Sec. 302/149 inter alia other offences.

(3.) BABU Lal (PW 2) arrived at the house of complainant Bhagwat Prasad after he heard cries and there he saw that Tara Chand, Hariram, Hansraj and Mool Chand had been inflicting injuries. Tara Chand was caught by Santosh to whom Hansraj had given lathi blow in the stomach. Tara Chand gave a kick in her stomach. There after, she was taken to Hospital where she died. House of this witness is about 1 or 2 furlong away and according to him when he rea-ched there, Bhagwat was not there. He then stated that accused were thro-wing stones from out side and then admitted that Hariram and Bhagwat had told him about the injuries caused to Santosh, which he mentioned in his police statement. This witness too is not worthy of any reliance. Firstly, he could not have even heard the cries, if he had been staying at 1 or 2 furlong away as he was at his own residence and secondly, the number of injuries sustained by the accused and particularly deceased could not have taken as much time as the witness had shown for arriving there. Besides this, according to his own police statements he had given the statement as the story was narrated by Hariram and Bhagwat,