NATHYA AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The Additional Sessions Judge, Gangapur City, by his judgment dated Jan. 5, 1990, has convicted the accused-appellants Nathya, Lallu and Patasya for offence under Sec. 302 Penal Code and has sentenced each of them to imprisonment for life and with a fine of Rs. 250.00 each. So far as accused-appellants Lal ji, Ram Khiladi and Mst. Para are concerned, they hive been found guilty for the offence under Sec. 323 Penal Code but they have been released after admonition under Sec. 3 of the Probation of Offenders Act. However each of them have been made liable to pay Rs. 200.00 as compensation to injured Mst. Jhooma PW 3. All of them have come in appeal before this Court.

(2.) The incident occurred on Feb. 25, 1985 at about 8 or 9 a. m. in the vicinity of Dhani Dayala of village Amavra under Police Station Gadhmora (District Sawai Madhopur). Victim of the offence was Ram Kishore @ Kishore Meena who was real brother of Badri PW 4. On receipt of a radiographic message from incharge Police Station, Bamanwas, Shamsher Singh PW 15, SHO, Police Station Gadhmora reached Primary Health Centre, Bamanwas and there he recorded the "parcha bayan". Ex. P. 1 of Badri PW 4. Badri narrated the incident in his "parcha bayan" Ex. P. 1 in this manner that at about 8 or 9 a. m. on Feb. 25, 1985, he alongwith his three other brothers named Ram Kishore @ Kishore, Heera and Bharat Lal were filling the "dabra" (small pond) with water after starting the electric engine installed on the nearby well for their field and cattle. At that time the accused-appellants came there armed with lathis and asked Badri and his three Brothers not to fill water in the "dabra". The latter stopped the filling of water. The accused party began to abuse Badri and his brothers. Ram Kishore entreated to pacify them but thereupon Lallu son of Chander yielded a lathi blow on the head of Rim Kishore and Nithya also inflicted another blow by lathi. Ram Kishore fell down on the ground. Patasya inflicted lathi blow on the head of Ram Kishore after the latter had fallen down to the ground. Ram Kishore became unconscious. Mst. Jooma, mother of Ram Kishore, fell on the body of Rain Koshore to save him but then, Mst. Paran appellant inflicted blows on various parts of the body of Mst. Jhooma by "Kudari". Upon hearing the noise of the incident, neighbours Newaliya and Bhajni and other village people also arrived at the scene of occurrence. The accused-appellants then left the place of incident for their houses giving threats. Ram Kishore was brought to Primary Health Centre, Bamanwas in a camle-cart but at the centre, the doctor declared Ram Kishore as dead. It was stated in the 'parcha bayan' by Badri that their dispute relating to the field, "dabra" and well was going on for last several years and, therefore, the appellants were making a plan to murder Ram Kishore for last many days. Upon this "parcha bayan", a case was registered at Police Station Gadhmora for offences under Sections 147, 148, 149 and 302 IPC. Usual and necessary investigation followed. Appellants were chargesheeted on 9-5-1985 in the court of Judicial Magistrate, Gangapur City who, by his order dated 18-7-1985, committed them for trial to the Court of Sessions Judge, Sawai Madhopur. The Sessions Judge, Sawai Madhopur transferred the case for trial to the Court of Addl. Sessions Judge, Gangapur City. The Addl. Sessions Judge, Ganapur City, after trial, found the appellants guilty as aforesaid and sentenced three appellants named Nathya, Lallo and Patasya to imprisonment for life for offence under Sec. 302 Penal Code and admonished the three remaining appellants under Sec. 3 of the Probation of Offenders Act in relation to the offence under Sec. 323 Penal Code found to have been committed by them.

(3.) It may be mentioned at the outset that the accused-appellants in their statements under Sec. 313 Cr. P. C. have denied the incident and the various facts and circumstances appearing against them in the prosecution evidence. Ram Khiladi appellant has stated that the land in dispute bearing Khasra No. 1454/5 measuring 3 big has belongs to him as it was allotted to him in the year 1975. He had sown ground-nut crop on it. The complainant party did not allow him to harvest the crop and, therefore, he applied to the Tehsildar for affording him police assistance and with that assistance, be could harvest his crop. He had also initiated a case against the complainant party for the latter having cut and removed his crop. He has produced entries from revenue record, site plan and some other documents in support of his version.