DAYANAND & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The three accused appellants Dayanand, Hukami Chand and Satveer have been convicted and sentenced by the learned Sessions Judge, Jhunjhunu under his judgement dated 20th May, 1992. Whereas the first two accused- appellants namely Dayanand and Hukami Chand have been convicted under section 447, 302 and 34 IPC, the accused-appellant Satveer has been convicted under section 302 and 147 IPC. Each of the accused-appellants under the first count has been sentenced to undergo two months rigorous imprisonment and to pay a fine of Rs. 100.00 and in default of payment of fine to further suffer one month's simple imprisonment. So far as offence under section 302 and 302/34 Penal Code are concerned, each of the accused appellants has been sentenced to undergo imprisonment for life and to pay a fine or Rs. 200.00 or in default of payment of fine to further suffer two months rigorous imprisonment. All the substantive sentences were ordered to tun concurrently.

(2.) Khasra No. 382 is situated in village Dhosi, Police Station Khetri District Jhunjhunu, rather it is the last Khasra Number so far as agriculture lands are concerned in the village and thereafter abadi of the village starts. It is the case of the prosecution that the land which the accused persons claim to be part of their 'Bara' is in fact part of Khasra No. 382 and the accused persons wanted to plough it and to commit trespass over it. On 26th July 1986 Chajuram PW-1 was working in the fields of Khasra No. 382 when his brother Kanhiram was also working in the field. At about 7.00 a.m. on that day, the three accused appellants along with five other namely; Mehtab, Tarachand, Mukhtiyar, Shakuntala and Bimla are said to have come there armed with weapons. They in fact came to Khasra No. 382 and attacked Kanhiram. On alarm of Chajuram Shiram and Ram Pratap, PW-4 and PW-3 respectively are said to have come there. They intervened, but the accused persons did not pay any heed. Satveer, accused appellant is said to have taken out a Dagger and caused injuries with it to Kanhiram. When Chajuram made an attempt to save him, he was also given beating. The accused persons ran away thinking that Kanhiram has died. A report Ex.P. 1 was lodged in the police station Khetri on the same day at 12.35 p.m., the distance of the police station from the place of incident is 15 miles. A case was registered and investigation was set in motion.

(3.) Dr. Ram Avtar Yadav PW-8 conducted the autopsy on the dead-body of Kanhiram and he found that Kanhiram had the following injuries: