BHUPESH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgement of the learned Special Judge, SC/ST (PA) Cases, Alwar whereby the accused-appellants, who are six in number, have been convicted for offence under Section 302/149 IPC and sentenced to life imprisonment with fine of Rs.1,000 each, in default of payment thereof, they were to further undergo rigorous imprisonment of six months. They were also convicted for offence u/s.148 IPC and sentenced to rigorous imprisonment of one year each and for offence u/s.323/149 IPC sentenced to rigorous imprisonment of one month each.

(2.) Facts of the case are that one Shrichand (PW-4) submitted a written report to SHO Police Station Kishangarh Bas on 2.3.1999 regarding incident which took place on that day. It was alleged that accused Bhupesh S/o Natthi Mali R/o of Gang and his nephew, whose name is not known, came to their house. They tried to apply colour and black oil on the face of Maya W/o Tara Chand. When they were asked not to do so, the accused started abusing them. That time they went, but after 20-30 minutes Bablu S/o Natthi, Dhanni S/o Laxman, Raghuveer S/o Laxman, Natthi S/o Laxman, son of Raghuveer, their family members and about 15 more persons, came back with 'lathis', 'chantiyas' and 'jelly' and started beating members of the complainant party. Bhupesh S/o Natthi, Bablu S/o Natthi and Satish S/o Raghuveer inflicted lathi and 'chantiya' blows on the head, back and hand of Mamman (father of the informant). Natthi S/o Laxman and Dhanni S/o Laxman inflicted lathi blows on Samey Singh. Bablu S/o Natthi inflicted lathi blow on Kampuri and all the members of the accused-party started beating the members of the informant family. Mamman, Samey Singh and Kampuri received grievous injuries and were taken to the hospital at Kishangarh Bas.

(3.) Police on the basis of written report registered a regular first information report bearing no.57/1999 for offence under Sections 147, 323 & 341 IPC. After completion of investigation, the charge sheet against the six accused was filed for offence under Sections 147, 148, 323, 341, 354 and 302 IPC and Section 3(1)(xi) and 3(2)(v) of SC/ST Act. The case was committed to the Special Court, SC/ST Cases, which framed the charges for offence u/s.148, 323/149 and 302/149 IPC. Accused Shankar @ Ravi Shankar and Bhupesh were additionally charged for offence u/s.3(1)(xi) of SC/ST Act and Section 354 IPC. Accused denied the charges and claimed to be tried. The prosecution in support of its case examined 13 witnesses and exhibited 26 documents, whereas defence did not examine any witness, though produced 11 documents. The accused in their statement under Section 313 Cr.P.C. took the defence that dispute between the parties arose because complainant Srichand wanted to construct a house on the government land, which was resisted by the accused-appellants. The learned trial court after conclusion of the trial convicted and sentenced the accused-appellants in the manner indicated above. Hence this appeal.