GHISA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE eleven accused viz. Ghisa Ladu, Lala, Rahima, Alladin, Ramzan, Sohan, Rama, Sua, Mst. Tegi and Mst. Phundi were tried in the Court of Assistant Sessions Judge, Ajmer in connection with what happened on February 24, 1968 at about 2 pa ra. In the course of that occurrence Mangla, Nainu, Deva and Budha sustained injuries. The accused Ghisa, Ladu and Lala were convicted by the Assistant Sessions Judge, under Section 326 Indian Penal Code, each of whom was sentenced to four years' rigorous imprisonment, and a fine of Rs, 500/- in default of the payment of which to undergo rigorous imprisonment for a further period of six months. The accused Rahima was convicted under Section 324, I. P. C, and sentenced to two years' vigorous imprisonment and to pay a fine of Rs. 200/-, hi default of the payment of which to undergo rigorous imprisonment for a further period of two months. The. remaining seven accused were acquitted by the Assistant Sessions Judge. On appeal the learned Additional Sessions Judge, Ajmer acquitted the accused Rahima. He upheld the conviction of the accused Ghisa, Ladu and the Lala under Section 326, I. P. C, but reduced the sentence to two years' rigorous imprisonment and a fine of Rs. 300/-, in default of the payment of which each of the accused was to undergo rigorous imprisonment for a further period of three months. The convicted accused have now come up in revision before this Court against the judgment of the Additional Sessions Judge, Ajmer dated January 18, 1972.

(2.) THE prosecution case is that the relations between the party of the accused and those of the injured persons were strained. Both the groups were involved in litigation. On February 24, 1968 at 2 p. m. , Manila (P. W. 2) was working at the Jamun-wala (Black Berry) well situated in Khejdawala field. Deva was taking his meals, Nainu was providing fodder to the bullocks and Buddha was grazing the she-goats. All the eleven accused armed with axes and lathis appeared on the scene of occurrence. The accused Ghisa asked Mangla (later injured) to desist from irrigating the field from the well. On Mangla refusing to act up to his wishes, Ghisa ordered his associates to teach him a lesson. Thereupon all the accused persons be laboured Mangla, Ladu, Lala and Rahima. The injured were admitted as indoor patients in the Jawahar Lai Nehru Hospital, Ajmer. Dr. Kauodia informed the Station House Officer, Civil Lines that four injured persons who had sustained injuries by sharp-edged weapons were admitted in the Surgical Ward. The Station House Officer deputed the Head Constable Gulab Singh, who recorded the statement Ex. P. 1 of Nainu (injured) and sent the same to the Police Station, Pushkar where the case was registered. The police during investigation arrested all the accused persons. Blood-stained axes Exs. A. 8 to A. 10 were recovered at the instance of the accused Ghisa, Ladu and Lala. The information memos recorded by the police are Ex. P,4, Ex. P. 3 and Ex. P. 5 respectively. Bloodstained 'lathi' Ex. A. 7 was recovered at the instance of the accused Rahima. The information memo recorded by Hari Ram, Station House Officer (P. W. 14) is Ex. P. 6. All the articles were seized and sealed on the spot. The recovery memos of the axes recovered are Ex. P. 13: Ex: P. 12 and injured were examined by Dr. B. P. Singh and their injuries were also X-Rayed by Dr. M. Saxena. Deva suffered three incised wounds, out of which injury on tibia and tabula were found to be grievous. Nainu suffered I wo incised wounds, out of which injury No: 2 was found to be grievous. Mangla sustained three incised wounds out of which two injuries were found to be grievous. Budha sustained three injuries out of which two were caused by a sharp-edged weapon and the third by a blunt one. The police after usual investigation submitted challun against the eleven accused persons including the petitioners in the Court of Additional Munsiff-Magistrate, Ajmer. The learned Magistrate committed all the accused to the Court of Sessions Judge, Ajmer to take their trial under Sections 147, 148, 307 and 3?_fl read with Section 149. The learned Sessions Judge transferred it for trial to the Court of Assistant Sessions Judge, Ajmer. The accused denied the prosecution case about their haying participated in the assault on the injured, The prosecution examined fourteen witnesses in support of their case. The statement of Dr. B. P. Singh recorded by the Committing Court was taken on record of the trial court. The accused examined D. W. ? Narsinchdas, D. W. 3 Bakhta, D. W. 4 Samda and the accused Ghisa entered the witness-b \ is D. W. 1 in his own defence under Section 342-A Cr. P. C.

(3.) THE learned Assistant Sessions Judge acquitted seven out of the eleven accused viz. Alladin, Ramzan, Sohan, Sua, Rama, Mst. Tegi and Mst. Phundi giving them the benefit of doubt.