JEET MAL Vs. STYATE OF RAJASTHAN

JUDGEMENT

(1.) In the occurrence that took place on 23-5-1995 at 6 a.m. whereas Bhagwan Singh from the side of complainant died, Prasadi (P.W. 5) father of Bhagwan Singh, Bal Mukand and Padam Singh P.W. 6 and P.W. 7 respectively, distant relation to Bhagwan Singh, suffered injuries in the same very incident, five persons from the side of accused namely Ramesh, Bal Mukand, Bhartu, Prasadi and Padam were injured. The incident dated 23-5-1995 gave rise to cross cases based upon rival versions of the parties each claiming right of self-defence and styling the other party as aggressor.

(2.) In the joint trial that was held with regard to cross cases lodged against each other, learned trial Court vide orders dated 20-3-2001 held appellant-Jeet Mal guilty for offence u/S. 302, I.P.C. and sentenced him to undergo imprisonment for life and also to pay fine of Rs. 100/- and in default of payment of fine, to further undergo seven days' R.I. He was also convicted u/Ss. 325/ 34, I.P.C. and sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 100/-, and in default of payment of fine, to further undergo seven days' R.I. He was also convicted u/S. 323, I.P.C. and sentenced to undergo three months' R.l. Aggrieved against the said order, he has filed D.B. Criminal Appeal No. 191/2001. Vide same order, Mohan Singh, Sahab Singh and Jal Singh were also held guilty of offence under S. 302/34, I.P.C. and sentenced likewise. They were also convicted u/S. 325/ 34 and 323, I.P.C. and sentenced in the manner co-accused-Jeetmal was sentenced. These appellants have joined their co-appellant- Jeetmal in filing the aforesaid appeal. It is significant at this very stage to mention that fifteen persons were tried for various offences like S. 325, I.P.C. from the side of complainant in the cross-case as mentioned above. Five out of the 15 were convicted. vSurely and indeed, it is so that both the parties could be convicted if a finding was to be returned that it was a case of free fight.

(3.) Learned counsel representing the appellant while taking us through the details of the prosecution evidence, has urged that if It was a case of free fight, then, there could be no applicability of S. 34, I.P.C. and, therefore, the appellants could be convicted only for individual acts committed by each of them.