JEEWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374(2) Cr.P.C. has been preferred by the accused-appellants against the judgment of conviction and order of sentence dtd. 20/5/2023 passed by the learned Additional Sessions Judge (Fast Track), Balotra Camp Barmer ('Trial Court'), in Sessions Case No. 83/2002 (old No. 77/2000)-State of Rajasthan Vs. Jeewa & Ors.), whereby the accused-appellants have been convicted and sentenced as under :-

(2.) The matter pertains to an incident which had occurred in the year 2000 and the present appeal has been pending since the year 2003.

(3.) As reflected from the record, a written report (Ex.P.1) was presented by the complainant, on 12/9/2000, regarding an incident which occurred on 11/9/2000, wherein sixteen buffales of accused-Jeewa were grazing in the field of Savda son of Bagwana Meghwal where the complainant was caretaking. On the next morning the complainant confined the said buffales in certain Bhakharpura Gate. On the same date, when the complainant was returning to his Dhani from the field at around 8.00 p.m., on the way he saw the accused appellants along with one unkonwn man and a woman coming with the said buffales. Complainant asked the accused as to who is carrying the said buffales. Upon the same, the accused asked his name and said that those were the same buffales which were confined by the him in the gate, and while saying so, the accused persons (armed with lathis and axe) surrounded complainant and started beating him. It was alleged that the injuries were received on right hand's wrist, right hand's elbow, left hand and left leg. Upon hearing the cries of the complainant, other villagers namely, Bheraram and Bagga Khan, Himmataram came to rescue him; however, the said villagers were also subjected to beatings by the accused persons.