KALU Vs. STATE

JUDGEMENT

(1.) THE three appellants, Kalu, Buchia and Delia of village Binds, have been convicted and sentenced as follows by the Additional Sessions Judge, Jhalawar, vide his order dated 21st April, 1964:--U/s. 328 r/w sec. 34 I PC 7 years R. I. Kalu and Ors. vs. The State (02. 11. 1964 -RAJHC) Page 2 of 10 (02. 11. 1964 -RAJHC) Page 2 of 10 325 r/w sec. 34 IPC 5 years R. I. . 324 r/w sec. 34 IPC 1 year's R. I. 323 r/w sec. 34 IPC 6 months R. I. All the sentences have been directed to run concurrently.

(2.) SIX more persons were tried along with the appellants but they have been acquitted.

(3.) THE facts leading to the prosecution of the appellants and the six others, may be briefly given as follows: One Mst. Kesar--daughter of Goria of village Banda-was given in marriage to Panna--the elder brother of Manna PW/1 of village pathria. According to the present prosecution, after Panna's death, Manna contracted a 'nata' marriage with Mst. Kesar on the 12th day of the death of his brother Panna. Thereafter, the prosecution case is that she went to her father goria at village Banda. The prosecution case further is that Kalyan son of accused buchia of village Binda took her away from village Banda and kept her as his wife. Manna and others of village Pathria thereupon claimed some 'jhagra' money from buchia and Ramkalyan. Although the controversy in connection with the payment of 'jhagra-money' had been going on for a year and a half before the present incident which took place on 24-5-1963, it could not be settled. Three days before the incident the complainant Manna collected 30 to 40 persons of three to four villages and went to village Baravda Binda and from there they sent Kanwerlal chamar to Buchia accused demanding the payment of jhagra-money. Buchia seni kalia Baret informing the persons collected at Baravda that he was prepared to pay Rs. 250/- as jhagra money and that the complainant-party should be sattslied with the amount. The complainant-party did not accept the amount and, therefore, the persons assembled went to their villages. The prosecution case further is that on the date of the incident, Manna had gone to village Aklera to attend the market and when he was returning from that village, Chania deceased met him near village Tukaia and asked Mana to accompany him to enjoy a feast at Daikheda. When Manna and Chunia had proceeded beyond Baravda, nine persons including the three appellants, attacked them and inflicted injuries upon Chunia and Manna. Chunia was seriously injured and died on the spot. Manna PW/1 managed to escape. He, thereafter saw mangilal and Kishore and informed them of the assault upon Chunia and himself by the nine persons including the appellants. Mangilal and Kishore PW/3 and PW/2 respectively went to the spot to intervene but they were also seriously injured. Manna thereafter went to Daikheda obtained a bullock cart and eventually took the body of deceased Chunia to the Police Station, Aklera, and lodged a first information report Ex. P-1 at 11. 30 P. M. It may be mentioned here that the members of the accused party also received injuries during the course of the incident and. Buchia also lodged information with the Police Station Aklera at about 12 night which was recorded as Ex. D-17. The police registered cases against both the parties and after investigation submitted charge sheet against the three appellants and six others in the court of Munsif Magistrate, Aklera and the case was after enquiry, committed by the said Munsif Magistrate to the court of Additional Sessions Judge, Jhalawar.