POORAN &ORS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) All the accused have preferred a joint appeal befor this Court being aggrieved of their conviction u/s. 302 or 302/149 and other minor offences of Indian Penal Code and Arms Act by Additional Sessions Judge, Bayana in Sessions Case No. 45/90. The offences under which the appellants were convicted and sentences awarded to them have been detailed out in the judgment of the trial court and we need not repeat the same.

(2.) In brief, the facts of the case are that a written report was made by the complainant Bhoori Singh to the Sub-Inspector at village-Jatpura on 3.5.90. The prosecution case, as disclosed in the report, is that there was a long standing enmity between the members of the complainant party of village Jatpura and the accused persons of village Luhasa. The members of the complainant party are Gujars while the accused persons are Dhakar by caste. It was alleged that accused Ajiram had made a false report against the members of the complainant party about commission of theft in the month of March. Earlier to this, litigations were also pending between them. About the occurrence, it was alleged that hundreds of persons of village Luhasa came to village Jatpura at 9.30 a.m. on 3.5.90 and they were armed with guns, farsas etc. They came to the house of the complainant party and were saying "houses be set at fire and shoot all persons who come across. They have committed theft but the police was not taking any step, as such, we would decide our dispute." On seeing the accused persons, some members of the complainant party climbed over the roof of the house. This included ladies also. Accused Pooran, Mohan Singh, Daroga and Udai Singh were stated to be armed with guns, accused Vijay with a countrymade pistol of 12 bore, Kelli with a farsa and Ajiram and Jai Lal with lathies. In the report, it was further stated that accused-appellant Pooran made a gun fire towards Smt. Nawab Kaur who was standing on the roof. The fire hit on her back. Accused Mohan Singh, Daroga and Udai Singh also made gun fires but they struck to the wall of the house. In the report, it was then stated that accused Vijay Dhakar had also sustained a gun shot injury on his leg. Then it was stated that one Bhim Singh was sent by the complainant to make a report to the police on telephone.

(3.) On this report, Crime No. 46/90 was registered at Police Station-Weir. After usual investigation, a chargesheet was submitted by the police against the accused appellants, who were ultimately prosecuted in the Court of Addl. Sessions Judge, Bayana, Accused Pooran was charged u/s 302 IPC and other minor offences, while the remaining accused were charged u/s 302 read with sec. 149 IPC and other minor offences of Indian Penal Code and Arms Act. After completion of the trial, all the accused appellants were convicted and sentenced by the learned trial Judge vide his judgment dated Feb. 26,1992.