TEJMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the eight appellants faced trial in Sessions Case No.31/2013 arising out of FIR No.27/2013 registered with Police Station Hindoli for offence(s) under Ss. 147, 148, 341, 323/149 & 302/149 IPC. On trial before the learned Sessions Judge, the appellants were found guilty vide impugned judgment dtd. 11/6/2015 and on the same day, the learned trial Judge passed the following sentences :-

(2.) The prosecution examined altogether 19 witnesses and 61 documents were exhibited from Ex.P.1 to Ex.P.61. Among the prosecution witnesses, only two are eye-witnesses. They are P.W.6-Satyanarayan and P.W.16-Devraj. The informant of the case P.W.9-Bhimraj is not an eye-witness of the occurrence.

(3.) According to the First Information Report submitted by P.W.9-Bhimraj on 9/1/2013, father of the informant namely Kalyan was going to his village from his well on the field side. P.W.16-Devraj was driving the motorcycle, whereas P.W.6-Satyanarayan was sitting on the middle and Kalyan was sitting behind Satyanarayan. When they reached near talai at 11 a.m., found that someone had put thorn hedges on the way. From the hedges, all the eight appellants came out. They were armed with axes, gandasis and wood sticks. All the accused persons started assault against the father of the informant and when Devraj and Satyanarayan tried to intervene, they were also assaulted. On hearing alarm, Prakash and Gangabishan reached there. Thereafter, the accused persons fled away. The injured was taken to the hospital. The informant further states that dispute for the said well between the parties was reason for old discord which led to the occurrence of assault against the father of the informant.