DHANSI AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The judgment and order dated 30.01.1988 passed by the learned Additional Sessions Judge No.1, Bharatpur in Sessions Case No.78/86 (44/82) thereby convicting the appellants herein, amongst others, under section 307/149 IPC and sentencing them to suffer rigorous imprisonment for 3 years each and to pay a fine of Rs.250/-, in default to undergo rigorous imprisonment for further 1 month is under challenge in the instant appeal. During the pendency of the appeal, appellants No.1, 2, 3 & 6 have expired. It is submitted at Bar that the surviving appellants No.4, 5 & 7 are presently aged about 65, 75 & 55 years respectively.

(2.) I have heard Mr. Mr. A.K. Sharma, learned Senior Counsel with Mr. Rachit Sharma, for the appellants, Mr. Javed Choudhary, learned Public Prosecutor for the State and Mr. Rinesh Gupta, learned counsel for the complainant.

(3.) The prosecution case traces back to the event of recording of a statement by one Mangti Ram on 19.01.1981 made to the ASI, Police Station Kotwali, Bharatpur in General Hospital, Bharatpur in a injured condition that on 19.01.1981 at 1.00 PM while he and his brother Rambharosi and his maternal uncle Shyama, due to non-supply of electricity, were fitting a motor diesel pump near a well, the appellants alongwith others armed with lathis and other deadly weapons intervened and unleashed assaults on them. According to the informant, the appellant No.3 Ruggi (since deceased) gave a blow of Ballam on his left hand and others inflicted injuries on him with lathis and thereafter threw him out of the adjacent pump-house. It was stated further that the accused-appellant No.2 Mohan Singh (since deceased) did inflict a Farsa blow on the informant's head. It was alleged as well that when the informant's brother Rambharosi and his maternal uncle Shyama came to rescue him, they were also assaulted by the appellants and their group. Treating the information to be an FIR, a police case was registered under sections 147, 148, 149, 323 & 379 IPC. In connection with the same, the accused-appellant No.4 Kalua also lodged a written report with the Police Station Weir on 21.01.1981 implicating the informant, his brother and his maternal uncle & others in the same incident and a case was also registered against them. In course of the investigation, that followed, the injured were subjected to medical examination and the police, on completion of the investigation, eventually submitted chargesheet in both the cases. At the trial, the appellants No.4, 5 & 7 and others were charged under various provisions of the IPC to which, they pleaded "not guilty". The prosecution examined as well as 15 witnesses, whereafter the statements under section 313 Cr.P.C. of the accused persons were recorded. Their plea was that on the date of the incident when the appellant Ruggi (since deceased) was in the field, the informant Mangti Ram and others brought an engine and started digging a pit there to fit it in a place where the crop of Ruggi was existing. As he (Ruggi) protested where he was assaulted and as the appellant Kalua and Ghambhir Singh intervened, they were also beaten. The accused Dhruw Singh, Gordhan, Mohan Singh and Dhansi, however, denied their presence at the time of occurrence. The appellants also examined three witnesses in their defence. By the impugned judgment and order, the learned court below acquitted Rubi, Gajendra Singh, Gambhir and Gordhan but convicted and sentenced the appellants. Their cross case was dismissed in view of this determination.