SEHMAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment will deal with two criminal appeals listed above, both of which have arisen from the judgment dated, Jan. 31,1975, passed by the Sessions Judge, Alwar thereby he convicted the appellants Sehmal, Mst. Mankori & Sultan in criminal appeal No. 92 of 1975, under Sec. 302 and 325 I.P.C. and acquitted the co-accused Hari Singh, Mst. Sona and Rajjo, the respondents in the State Appeal No. 498 of 1975 of all the charges framed against them including the charge under Sections 302 and 325 I.P.C.

(2.) The case of the prosecution, which resulted in the judgment of conviction against some of the accused and acquittal in favour of others as mentioned above, may be shortly stated here. On April 15, 1974, Mst. Nangi (PW. 1) went to fetch water from the village well. She returned home without her shoes which she forget to wear before leaving the well. She sent her daughter, Mst. Chhimlo, to the well to retrieve the shoes. On getting some information that Mst. Mankori and her daughter Mst. Rajjo had taken away the shoes, Chhimlo went to their house and enquired about the shoes. Mankori and Rajjo slapped Chhimlo for her cheekiness in making the enquiry. Chhimlo returned home and complained to her mother about the slapping. Nangi immediately went to Mankorins house and exchange hot words with her.

(3.) It appears that this small dispute over the shoes took a serious turn on April 16, 1974, when the man-folk on both sides took cognizance of it. Sehmal, a brother of Mankori's husband Sultan, challenged the man-folk of Nangi's family on April 16, afternoon, threatening to kill them. The co-villagers intervened & prevented possible fight between the parties. The prosecution story further goes that the same evening at about 6-00 p.m. Nangi & her husband Bansel were on their way to a well in the outskirts of the village to water their animals from there. Both husband and wife were surrounded by Sehmal, Sultan, Hari Singh, Mst. Sona, Mst. Rajjo and Mst. Mankori in Shivlals field. Sehmal, who was armed with a far si struck that weapon on the head of Bansi. Mankori, who was armed with kasia, followed suit Sultan who carried a lathi, gave the third blow on Bansi's head and felled him on the ground. Nangi stood by and cried for help. On hearing cries, Jawaharlal (PW. 2), Sheopal (PW. 5) Bhonriya (PW. 9), Surajbhan deceased and Bharta deceased, reached there. They tried to intercede and remove Bansi injured from there. All five of them were attacked and severely injured by the aforementioned accused.