NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374 Cr. P. C. arises out of the judgment and order dated 25. 5. 1984, by which the learned trial Court has convicted appellant Jagdish for offence under Section 307, 447,323 and 325/34 IPC. The remaining appellants, namely Narain Singh, Kanwar Pal and Gurudayal have been convicted for offence under Sections 307/34, 325/34, 447 and 323 IPC. The maximum term of sentence awarded to each of the appellants is two years.

(2.) ON 1. 11. 1982, an FIR came to be registered on the basis of Parcha Bayan of one Dhan Singh. It was alleged that on the day of incident at about 3 PM when Lallu Ram was collecting `guwar fodder', accused Jagdish and Kanwarpal lifted the fodder and placed it before their goats. Lallu Ram asked them not to do so. In the meantime, injured Moharpal also came at the spot along with his cart. Accused jagdish and Kanwarpal started be labouring Lallu Ram by lathis. It was alleged that Moharpal and two accused namely Narain and Gurudayal also came at the field of Lallu Ram. When Moharpal tried to rescue Lallu Ram, the accused persons started beating Moharpal by lathis. The informant tried to settle the dispute, but he was also threatened and the inflicted a lathi blow on the head of Moharpal with an intention to kill him, as a result thereof, Moharpal fell down and thereafter accused Narain, Kanwarpal and Gurudayal inflicted blows on the person of Moharpal and Lallu Ram. As a result of injuries having been caused to Moharpal and Lallu Ram both became unconscious. In the meantime, Devilal and Dhan Singh arrived at the place of occurrence and then all the accused escaped from the scene.

(3.) PW-1 injured Mohar Pal has deposed that when he went to the rescue of Lallu, the accused be laboured him. He then categorically stated that accused Jagdish inflicted a lathi blow on his head, as a result of which he fell down and thereafter all the accused be laboured him. In cross-examination, this witness has stated that accused persons did not beat Sohan and Dhan Singh. he then stated that on their request, the accused spared them. PW-2 Lallu Ram has stated that on his arrival at his field he saw accused Jagdish and Kanwar Lal thrusting his harvested `guwar fodder' to their cattle. When he raised a protest and tried to drive away the cattle, they started beating him. According to this witness, both the accused were armed with lathis. he then stated that in the meantime, accused Narain and Gurudayal armed with lathis also came there. In cross- examination, in reply to a question put to him, the witness stated that his brother and remaining two accused came together at the place of incident. PW-2 Dhan Singh has also given somewhat similar statement. According to this witness accused Gurudayal and Narain came later. PW-4 Devi Singh has deposed that accused Jagdish, since deceased inflicted a lathi blow on the head of Moharpal and thereafter all the accused be laboured Moharpal.