RAM PRATAP AND OTHERS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge, Raisinghnagar dated 29.1.1988 whereby the learned Addl. Sessions Judge has held the accused appellants Ram Pratap, Krishnalal and Jagdish guilty of the offences under sections 302/34 and 342 Penal Code and has sentenced them to imprisonment for life together with a fine of Rs. 1,000.00 and in default to further undergo rigorous imprisonment for six months for the offence under Sections 302/34 Penal Code and to sue months rigorous imprisonment together with a fine of Rs. 200.00 and in default, to further undergo rigorous imprisonment for one month.

(2.) The facts necessary to be noticed, for the disposal of this appeal briefly stated are : that P.W. 6 Hansraj lodged the FIR Ex.P. 20 at Police Station, Srivijaynagar on 16.12.1986 at about 4 AM stating therein that he and accused Ram Pratap belong to Chak 1 MSD in Tehsil Srivijaynagar, District Sriganganagar. It is alleged that accused Ram Pratap wanted to get allotted a patch of land, which is contiguous to his square No. 124/345, measuring three killas i.e Killas No. 20, 21 and 22 where P.W. 6 Hansraj wanted this land to be allotted for public purpose i.e. for the purpose of village cremation ground and for collection of the bones of animals. It is further alleged that accused Ram Pratap and his brothers wanted to illegally tress-pass on this land and about which, a case is pending in the court of the learned Sub-Divisional Magistrate, Raisinghnagar.

(3.) It is further alleged that on 15.12.1986, at about 4 PM, brother-in-law of P.W. 6 Hansraj i.e. Bhoopsingh came to meet him and they remained together at their own house upto 7 PM. Bhoopsingh was entertained with a cup of tea and thereafter, at about 7 PM, P.W. 6 Hansraj and his brother-in-law Bhoopsingh went to the field of Hansraj. P.W. 6 Hansraj happens to be a Patwari, who came on leave because his wife's delivery was due. It is alleged that while going to the field of Hansraj, P.W. 6 Hansraj and his brother-in-law Bhoopsingh found P.W. 1 Gyansingh at his Dhuni and therefore, they also stayed there for warming themselves as it was winter season. When Hansraj and Bhoopsingh were warming themselves, it is alleged that, on seeing them at the Dhuni of Gyansingh, accused Ram Pratap started abusing them, whereupon, Hansraj and Bhoopsingh tried to persuade him by telling that after all, it is a Govt, land and to whomsoever, it be allotted, he will possess it and so, there should not be exchange of any abuses. Thereafter, Hansraj and Bhoopsingh went to their field for looking after the crop because in those day, Rose-cows were damaging the crops. On that day, at about 10 PM, when they were returning back from their field, Gyansingh was sitting at his Dhuni and was warming himself. They also stayed there to warm themselves. After some-time, Hansraj went to make water behind a heap of cotton stumps and Bhoopsingh was warming himself at the Dhuni of Gyansingh. Bhoopsingh was noticed by accused Ram Pratap, standing alone on the Dhuni of Gyansingh and Gyansingh at that time went into his own house for sleeping. Accused Ram Pratap, Krishnalal and Jagdish armed with iron Sabbal, country made pistol and 12 bore single barrel gun respectively came there and they immediately caught hold of Bhoopsinsgh. By this sudden attack, Bhoopsingh's gun which was with him fell down and thereafter, accused Ram Pratap gave a Sabbal blow on the head of Bhoopsingh and while availing Bhoopsingh, they dragged him inside the Guwadi of accused Ram Pratap. When Hansraj went to rescue Bhoopsingh from the clutches of the accused persons, to the house of accused Ram Pratap, he saw that accused Jagdish caught hold of Bhoopsingh and accused Krishnalal fired from his pistol on the body of Bhoopsingh, by which, he fell down and accused Ram Pratap availed Bhoopsingh with the iron Sabbal. When Hansraj asked these accused-persons as to why they were beating and killing Bhoopsingh, it is alleged that accused Jagdish ran after Hansraj while firing from his gun but Hansraj ran away towards his house.