SUJYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal stems from the judgment dated 21/12/1984 passed by learned Sessions Judge, Tonk in Sessions Case No. 21/1984 whereby he convicted and sentenced the appellants as under :- Suyya, Ram Deva and Raj Jeewan each under S.307 or in the alteernative U/S,307/34,IPC under S.447 ,IPC 3 years R.I. and a fine of Rs.200.00and in default of payment of fine to further undergo two months R.I. 3 months rigous imprisonment

(2.) Both the substantive sentences were ordered to run concurrently.

(3.) The case against the appellants arose out of a written information Ex. P14 given by Nanulal S/o Nanda, by caste-Jat, R/o village Bawdi to the police station Todaraisingh to the effect that on 10/10/1983 Kishanlal spoted Sujya, Ramdeva, Ramjeewan, Mst. Mangi and Mst. Rama, who were grazing cattles in their field known as Khedi Wala bearing Khasra No. 802. His brother Kishanlal dissuaded them not to graze the cattles in that Beeda (uncultivated field) whereupon all the accused assaulted him with Kulhadi (axe) and lathies. When his father Nanda tried to intervene and rescue Kishanlal he was also beaten up. They were rescued by Ramlal S/o Kalvan Kumhar and Surgyani S/o Pratap Harijan. Kishanlal and Nanda received many injuries. They were taken to Civil Hospital, Todaraisingh and were admitted there. On this report dated 10-10-1983. Case No. 111/83 vide formal FIR Ex. P15 was registered and investigation commenced, Hotilal, SHO who registered the case, reached at the spot and prepared Site Plan Ex. P16. He also seized the blood stained clothes of Kishanlal and Nanda. The injury report of Kishanlal Ex. P1 and his X-Ray plates Ex. P2, Ex. P3 and Ex. P4 as well as X-ray report Ex. P5 were received by him. On the basis of the X-Ray plates, Radiologist Dr. D. N. Sinha (PW. 1) opined vide Memo Ex. P5 that there was fracture of the lower 1/3rd part of the right fibula. There was fracture of base of the middle finger and also there was fracture of the upper 1/3rd of the left ulna. Nanda was medically examined vide Injury Report Ex. P6 and his right forearm and left wrist were X-Rayed vide plates Ex. P7 and Ex. P8. Further his elbow joint was X-Rayed vide Ex.- P9. It was found that there was crack fracture of the upper 1/3rd of the right ulna of Nanda. Copy of Khasra Girdawari of Khasra No. 802 of village Bawdi Ex. P11 was obtained along with the copy of trace and another Jamabandi Khatoni regarding same Khasra No. 802 Ex. P13. After investigation, all the five accused were challaned before the learned Chief Judicial Magistrate, Tonk who committed them for trial to the Court of learned Sessions Judge, Tonk.