DHANNA AND ANOTHER Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Eight accused persons, including the appellants Dhanna and Lachha, out of whom Dhanna has expired, during the pendency of the appeal and whose appeal has been abated, were tried for the offence under Sec. 447, 148, 302/149, 323/149 and 324/149, I. P. C., by the Additional Sessions Judge, Sirohi, who, by his judgment dated 13. 10.1973, convicted the appellants for the offence under Section 302,1. P. C., and sentenced each one of them to imprisonment for life. The appellants were acquitted of the rest of the offences and the other six persons were also acquitted of the offences, with which they were charged.

(2.) It appears that there was a dispute between the complainant party and the accused party with respect to the well popularly known as Bera Bhadrwasituated in village Baania comprising of Khasras No. 100/1 measuring one Bigah and No. 100/2 measuring 29 Bigah. The complainant party claimed ownership and possession over the said land whereas the accused party also claimed the ownership and possession over the land in dispute. Originally the Khatedars of the lands, were Gomna and Kupa, each having half share in it. It is alleged that they sold the Bera to one Lalkhan and Vijaisingh on 26.9.1962 under a registered sale deed and they in turn are said to have sold it to the four brothers Jalamsingh (P. W. 2), Moolsingh (P. W. 9), Bhanwarsingh (P. W 10) and the deceased Jabarsingh on 16.3.1971 by a registered sale deed Ex. P/12. The complainant party alleged that they had sown 'Guar, maize, cotton etc. in the field in July, 1971. It is alleged that on 9.7.1971 at about 8.30, a.m., when Jabarsingh and his brothers were working in the field, the accused persons along with P. W. 4 Puria and P. W. 8 Valie, came there with ploughs and bullocks and started ploughing the field. Bhanwarsingh (P. W. 10) and Jabarsingh deceased went to the accused and at that time the accused persons untied the grass bundles and took out swords and lathis from the bundles and asked Bhanwarsingh as to why he had come there. There upon, Bhanwarsingh told them that the field belongs to him. On the exhortation by the accused Prema, the accused party opened attack on the complainant party. First Bhanwarsingh (P.W. 10) was assaulted and thereafter Jabarsingh. Bhanwarsingh, thereupon, ran away from the scene leaving behind Jabarsingh- Jabarsingh sustained as many as three injuries on his head and he fell down in the field. Leaving Jabarsingh in the field, it is alleged, that the accused persons went towards Bhanwarsingh and his brothers, but they could not be availed. The occurrence is said to have been witnessed by Ranjeetsingh (P. W. 1), Cholaram (P W. 5) and Lalkhan (P. W. 15). These witnesses went to Jabarsingh and found him alive- Then they took him to the village. Lalkhan (P. W. 15) went to Rani and brought a motor car. Jabarsingh was taken to Bali in the motor car, where the petition-writer Roopraj (P. W. 3) was brought and at the instance of Jabarsingh, he scribed a report Ex. P/1. Thereafter, they went to the Police Station along with Jabarsingh and Jabarsingh lodged the written report Ex. P/1 at the Police Station, Bali on which a case under Sec. 148, 436 and 307/149, I. P. C., was registered. Jabarsingh was removed to the hospital, where he expired at about 12.00 noon. Offence under Sec. 302, I.P.C. was added. Autopsy on the dead body was conducted by Dr. K. C. Jain (P.W 18) on the very day at 1.30, p. m, Bhanwarsingh was also medically examined on 11.7.1971 by the same Doctor. The accused persons were arrested between 12.7.71 and 16.7.1971 and on their information and at their instance, seven Lathisand two seathes of the swords were recovered. After completion of the investigation, the accused persons were committed to the Court of Additional Sessions Judge, Sirohi, for trial, who after trial convicted and sentenced the accused persons, as aforesaid.

(3.) The defence of the accused persons was that the occurrence did not take place at the place, as alleged by the prosecution. It took place in the field of Goma and Kupa and the prosecution has given a truncated version of the occurrence. According to them it was the complainant party, which came to their land and opened an attack on them, in which Lachha, Dhanna and Goma sustained multiple injuries, some of which were grievous. The accused party lodged a report and the complainant party was also prosecuted on that report.