JAGDISH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the aforesaid appeals arises out of the judgment dated 17.07.2003 passed by the learned Additional Sessions Judge (Fast Track), Bandikui in Sessions Case No.35/2001 and as such they are being decided by this common order.

(2.) These appeals have been filed by the accused appellants under Sec. 374(2) Crimial P.C. challenging the judgment passed by the learned trial court on 17.07.2003, whereby they have been convicted and sentenced as under:-

(3.) Instant criminal proceedings were initiated on a Parcha Bayan of Arjun (PW-1) which was recorded at Government Hospital Bandikui by the SHO, Police Station Bandikui on 04.10.1998. As per the Parcha Bayan, at about 02.00-03.00 pm. in the afternoon, Arjun, his wife Kamod, brother Raghuveer and other members of the family were having conversation in nearby Dhani Haripura. Jairam, Bhinwa, Mohar and Pawan were also sitting there. All of a sudden, Nathu son of Bardya Maimber, Kishore son of Ranjeet, Jagdish son of Dhoklya, Jagdish son of Moolya Chaprasi, Ramkishore, Adisaal son of Jainya, Lallu Mali, Harlal son of Lallu, Kishore brother of Lallu, Girraj son of Bachcha, Sarli Chaudhary, Babu son of Rewad, Chetram and Kalyan Bairwa son of Poonya came in a tractor which was being driven by Khili Saini. All these persons are said to have been armed with various weapons like lathi, kharwari, barchhi and Hardayal was having a katta. On having seen the accused persons coming towards the informant and all other persons sitting, they went inside patol and closed it. But the aforesaid accused persons, with the intention of murder, broke open the doors, wall and slabs of patol. Thereafter on having entered the patol, they started beating all the members of the complainant party. It is alleged that Khili son of Bhanwrya Mali inflicted injury to informant Arjun; Hardayal opened fire with his katta and the accused persons broke the locks of the box and took away jewellery and currency notes. Subsequently, Arjun and Raghuveer were dragged first to the house of Ranjeeta Gurjar and thereafter, on having thrown them in the tractor, they were taken to the house of Chander Mali and Lallu Mali. The informant was beaten by lathi. It is stated in the report that a dispute was already going on between the parties and the accused persons had declared that they would not permit them to cultivate the land. It is also mentioned that the police had brought the injured Arjun to the hospital.