MUNSHI AND OTHERS Vs. THE STATE

JUDGEMENT

(1.) This is an appeal by the accused-appellants against the judgement of the learned Additional Sessions Judge, Alwer dated 2.9.1971, whereby the appellants were convicted under Section 147 and to two years rigorous imprisonment and under Section 323, 325/149, Indian Penal Code to seven years rigorous imprisonment and a fine of Rs. 100/- each, and in default of payment of fine to six months further rigorous imprisonment.

(2.) The facts of the prosecution case, in brief, are that on 14.11.1970 at about 12 noon, Kapura PW/1 was watching his fields which are situated in village Bhalesar. In a field near by his elder brother Rehman & his wife Mst. Mohamadi were cutting the gram crop. It is alleged that the accused Nawasi, Lila, Kamal, Ledar Saphat, Maluk Singh, Baddal, Munshi, Zakaria and Salim drove their cattle in the field of Rehman. On an objection being raised by Rehman, and on his effort being made to drive back the cattle, these accused persons asked him to as to why he has taken a field near their fields. The accused thereafter threatened to destroy the crops. All of a sudden, Salim caught hold of Rehman, and remaining accused persons stated giving lathi belows on his head, as a result of which Rehman fell down. Thereafter, Salim felt whether Rehman was still breathing and on his so saying that Rehman was still alive, Salim Kamal and Laddar gave further lathi below to Rehman Kapura and Mohamadi wanted to rescue Rehman, but they were also beaten in turn Zakariya and Munishi are said to have beaten Kapura resulting in injuries in his right hand, Maluk Singh Saphat and Baddal also beat Kapura. Kapura then went to the Police Station, Tanukara, and filed First Information Report Ex. P/1. Chandra, Nasiba and Mohamadi brought Rehman to the Police Station in a bullock cart, Rehman was then taken to Tijara as the Doctor has not available at Tapukara, and as his condition was serious, Dr. Mahesh Chandra Sharma of Tajara examined Rehman and Kapura. Dr. Mahesh Chandra Sharma is reported to have advise at that Rehman be taken to the hospital, as his condition was serious. At about 11.30 a.m. on 15.11.1970 Rehman was admitted in the General Hospital at Alwar, where he was examined by Dr. D.B. Chaturvedi. On the same day, at about 5.45 p.m. Rehman died Dr. D.B. Chaturvedi preformed the post-mortem examination on 16.11.1970.

(3.) SHO, Gyan Prakash PW/10 registered a case on the basis of Ex.P/1. The investigation was latter on handed over to Om Parkash PW/9 Salim accused could not be apprehended, and therefore, the remaining nine accused were challaned in the Court of Munsiff Magistrate, Kishangarhbas, who in turn committed them to face trial for the offences under Section 302, 323, 325, 147 and 149, Indian Penal Code. The learned Additional Sessions Judge amended the charges on 24.5.1971 under Section 147/302/149, 323, Indian Penal Code. The accused pleaded not guilty and claimed to be tried.