HAZARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two criminal appeals are directed against the judgment dated 19th April, 1980 passed by the Addl. Sessions Judge No. 2, Alwar in Sessions Case No. 15/1978. convicting the accused-appellant for offences under Secs. J02 and 324, Penal Code and sentencing him to imprisonment for life for conviction under Sec. 302. Penal Code ai d, six months imprisonment for conviction under Sec. 324, Penal Code and a fine of Rs. 500.00and in default, to one monihs further imprisonment. Both the sentences were ordered to run concurrently; and acquitted the rest of the accused persons.

(2.) The facts giving rise to these appeals are one Jaimal of village Anantpura, tehsil and Police Station Behror lodged a First Information Report at Police Station, Behror. This First Information Report purports to bear the signature of Jaimal, though it was scribed by one Shri Ratan Lal, another resident of the same village. On the basis of this written report, SHO Gyan Prakash entered the same in the roznamcha at 10 a.m. on 18th Aug., 1978. As per this written report, lodged by Jaimal, on the morning of 18th Aug., 1978, at about 8 a m. all of a sudden 19 persons with a common object armed with gun, farsies and sticks entered his (Jaimals) nohra with an intention to commit murder of Smt. Sarvan wife of Jaimal and one Banshi. It was further stated that almost suddenly accused Jagmal Singh also entered the Nohra Jagmal Singh was also armed with a gun and fired the gun-shot at Smt. Sarvan On hearing the sound of the shot Bhojraj and others who were said to be in their own nohra, which is just near to the Nohra of Jaimal came to the rescue of Jaimal and others who were victims of unprovoked assault with guns farsies and other weapons. It was also stated in this First Information Report that besides the shot fired by Jagmal Singh which hit Smt. Sarvan, Hira Singh and Subesingh inflicted lathi blows on Smt. Sarvan and four persons namely Ramanand, Sahi Ram, Hazari Lal i.e. the present appellant and Dayaia Ram inflicted farsi blows on the body of Smt. Sarvan which caused her instantaneous death on the spot.

(3.) With respect to Banshi also, it was stated that that besides pallet injuries which he received from the gun-shot fired by Jagmalsingh, Sahi Ram and Hazari inflicted farsi blows on the person of Banshi, while the remaining 16 persons gave lathi blows which caused serious injuries on the person of Banshi, who was brought to Behror by Jaimal and Banshi also succumbed to these injuries at Behror. Banshi was left at Behror dispensary and Jaimal went to the Police Station for handing over the written report. It was also mentioned n this First Information Report that Bhoj Raj. Dalu Ram Ramjilal. Dugda, Raghuveer and Hardayal also sustained injuries by lathies. farsies and gun shots. Pappu son of Data Ram was standing nearby and he also sustained pallet injuries and bis condition became critical. Farsi belows were given both from the sharp and reverse sides and it cannot be said with certain y as to who sustained injuries from the sharp side of the farsi and who by the reverse side. The police registered the case against the accused persons under Sections 302/307, 147, 148 and 149, Penal Code and Sec 27 of the Arms Act and started investigation.