FOJU AND OTHERS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Fifteen persons, namely, Foju, Nasib, Khan, Moju, Samela, Karaal Khan, Kale Khan, Jabra, Mangto, Rangila, Leela, Lukman, Mailo, Jomkhan, Rahman and Suleman were charged with having committed several offences, principal of which was under section 302, read with section 149, I.P.O. The case against these persons was tried by Additional Sessions Judge No. 1. Alwar. The other charges framed against them were under sections 307/149 and 148, as well as under section 307, I.P.C. The learned trial Judge held that none of the charges had been proved against eight accused, namely, Moju, Samela, Kale Khan, Jabra, Mangto, Rangila, Leelaand Lukman. He also found that the charges under sections 307 and 307/1 49, I.P.C. were not proved against any of the fifteen accused. As for the remaining charges, he found the accused Foju and Nasib Khaa guilty, of the offences punishable under sections 148 and 312, f.P.G. Kamil Khan, Malla. Sulernan, Jomkhan and Rehman were found guilty of the offences punishable under sections 147, 302/149, I.P.C. vide trial courts judgment, dated Dec. 21, 1979. The learned Judge, vide his order, dated Jan. 4, 1980, sentenced the accused-appellants Foju and Nasib Khan under section 148, I.P.C. to two years rigorous imprisonment and to pay a fine of Rs.100.00 each, in default of payment of which to further suffer one months rigorous imprisonment. He also sentenced both the accused under section 302, I.P.C. to imprisonment for life and to pay a fine of Rs. 200.00 each, default of payment of which to further suffer one months rigorous imprisonment. Accused Kamal Khan, Malla, Suleman, Jomkhan and Rehman were also sentenced to one years rigorous imprisonment and to pay a fine of Rs. 100.00each under section 147, I.P.C. in default of payment of which to further suffer one months rigorous imprisonment. They were also sentenced under section 302/149, I.P.C. to life imprisonment and to pay a fine of Rs. 200.00each in default of payment of which to further suffer one months rigorous imprisonment.

(2.) The convicted accused have preferred this appeal to this court, challenging the conviction and sentences awarded to them.

(3.) Before dealing with the point raised in this appeal, it is necessary to set out briefly the relevant facts on which the prosecution case against the appellants substantially rests. The incident which has given rise to the present criminal proceedings, took place on March 6, 1978, in village Kakrali, District Alwar, at the time when the sun was one lathiabove the horizon. It is clear that this village was cursed with keen rivalry and enmity between two factions. One group was led by Foju and the other by Iliyas. Iiiyas and other number of his group, Sedu, were murdered and three others Mormal, Amir and Mohd. Khan were injured that date by the members of the rival faction, amongst whom were included the present appellants before us. Litigation continued between the parties for several years with out interruption. The immediate cause of the trouble is said to be some dispute about the grave-yard (Kabristan) land, some portion of which was alleged to have taken possession of by the accused party and the complainants party wanted to get their title verified through the Revenue Authorities and remove the possession of the accused.