BISHAN Vs. STATE

JUDGEMENT

(1.) RAMPHAL and Bishan Gujars of village Tharkapura Sub-Division, Karauli, have been convicted by the Additional Sessions Judge, Karauli under secs. 325 and 323 of the Indian Penal Code respectively. RAMPHAL has been sentenced to three years' rigorous imprisonment and a fine of Rs. 100/ -. Bishan has been sentenced to one year's rigorous imprisonment and a fine of Rs. 100/ -. In case of non-payment of fine, RAMPHAL has been ordered to undergo six months rigorous imprisonment and Bishan to undergo three months' rigorous imprisonment more.

(2.) THE prosecution case was that on the 15th May, 1948, between 9 and 10 A. M. Mangal gujar with four members of his family, namely Kamod, Shoru, Sriphal and Johri were busy digging a well, when the two appellants Bishan and Ramphal in the company of about thirty persons came to the spot and assaulted Mangal and his companions with lathies, gandasie and lohandi (heavy twig) etc. It was alleged that the party of the accused which was made up of about thirty persons broke up into parties; one of thirteen and another of seventeen persons. THE party of thirteen which included the two appellants and Bhattu, Har Kishan, Jhinsoli, Ramdeo and Chiranji assaulted Mangal, whereas, the remaining, about seventeen persons assaulted Kamod, Johri, Siriphal and Shoru. Mangal was seriously injured and the other companions of his also received various injuries. Budha Ram Lambardar came to the spot and arranged to send Mangal and the other injured persons to the village. A report signed by Budha, Mohna and Latur gujars, among others, was lodged at the police Station Gurla through a chamar. Investigation was taken in hand and ten lathies were received, during the investigation, from the house of the appellants Ramphal and Bishan both as well as from the houses of those who were also among the accused, by the Police. THE deal body of Mangal, who died shortly after he was brought to the village, was sent to the Police Station and then to Karauli Hospital, where post-mortem examination was made by Dr. Chiranjilal. Johri, Kamod, Siriphal and Shoru were also medically examind. THE statements of the two appellants as well as of Har Kishan Jhinsoli, Battu, Chiranji and Ramdeo were recorded under sec. 164 of the Criminal Procedure Code before Mr. Des Raj Chawla 1st Class Magistrate, Karauli. After investigation, the case was challaned in the court of Mr. Chawla, 1st Class Magistrate Karauli, against the appellants Ramphal and Bishen, as well as against Battu, Ram Kishan. Jhinsoli, Ramdeo and Chiranji. THEy were all challaned under sec. 302 and sec. 148 of the Indian Penal Code. After inquiry they were committed to take their trial in the court of the Additional Sessions Judge, Karauli under sec. 304, read with sec. 148 of the I. P. C. At the time when the offence was committed, according to the law prevalent in Karauli, which had not been superseded by any other law of Matsya, which had by then come into being, commitment was not necessary even in cases like the present and the Sessions Judge could try the cases as warrant cases without any commitment. Learned Additional Sessions Judge, therefore, adopted the procedure relating to warrant cases in his court.