SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have preferred the instant appeal under Sec. 374(1) of the CrPC being aggrieved of the judgment dtd. 11/12/1993 passed by the learned Additional Sessions Judge, Bhilwara, Camp Shahpura in Sessions Case No.25/1990, whereby all the appellants have been convicted for the offences under Sec. 325 read with Sec. 149 of the IPC and 323 read with Sec. 149 of the IPC. Further the appellants Gheesa, Jagdish, Jamna Lal, Sita Ram and Ram Kuaar have been convicted for the offence under Sec. 148 of the IPC and appellants Bhoora Lal, Mst. Omkari and Mst. Mangi have been convicted for the offence under Sec. 147 of the IPC. The appellants Nos.4 to 8, namely, Mst. Mani, Mst. Omkari, Bhoora Lal, Jagdish and Ram Kuaar, have been ordered to be released on probation, whereas sentences have been awarded to the remaining appellants for their respective offences in the following terms :-

(2.) Briefly stated, facts relevant and essential for disposal of the case are that the complainant Kalyan (P.W.2) was having an agriculture field in Bei Varda. On 21/11/1989 in the afternoon, he and his son Ram Kuaar were fetching water for irrigation and Mangi (P.W.3), Prem (P.W.4) and Gyarasi (P.W.5) were irrigating the field. The complainant party and the accused party were having some dispute over a land situated at Bei Piliya and due to this enmity, the accused came to the field of the complainant.

(3.) The man were having lathis in their hands, whereas the ladies were having stones. The accused assaulted the complainant and his son; caused multiple injuries and broke their limbs. When Mangi, Prem and Gyarasi tried to save them, they too were assaulted. Due to the injuries, the members of the complainant party fell down on the ground, and assuming them to be dead the accused ran away from the scene. Shokaran, Ramkaran, Dama and Mangilal came to the spot and took the injured first to the Police Station, from where they were taken to the Shakkargarh hospital and later on they were referred to the higher centers for treatment. Ramkuaar had gained some conscience at the Police Station Shakkargarh, upon which he got registered FIR No.91/1989. The police inspected the place of incident, prepared the spot documents, procured the injury reports, arrested the accused, made recoveries, recorded statements of the witnesses and upon completion of the investigation, filed charge-sheet against the accused persons.