GHISA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE eleven accused viz. Ghisa, Ladu, Lala, Rahima, Alladin, Ramzan, Sohan, Rama, Sua, Mst. Tega and Mst. Phundi were tried in the Court of Assistant Sessions judge, Ajmer in connection with what had period on February 24, 1968 at about 2 p.m. 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/ - to 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 rigorous imprisonment and to pay a fine of Rs. 200/ -, in 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 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., Mangla (P.W. 2) was working at the Jamunwala (Black Berry) well situated in Khejdawala field Deva was taking his meals, Nainu was providing fodder to the bullocks and Budha was grazing the she goats. All the eleven accused armed with axes and lathis appeared on the scence of occurrence. The accused Ghisa asked Mangla (later injured) to desist from irrigating the field from the well On Maggla refusing to act up to his wishes Ghisa ordered his associates to teach him a lesson. Thereupon all the accused persons belaboured Maogla, Ladu, Lala and Rahima. The injured were admitted as indoor patients to the Jawanar Lal Mehru Hospital, Ajmer Dr. Kanodia informed the Station H use 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 Ex. 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 6 respectively. Blood stained 'lathi' Ex. A. 7 was recovered at the instance of the accused Rahima. The information memo recorded by Han 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 Ex. P. 11. The recovery memo of 'lathi' is Ex. P 17. The injured were examined by Dr. B.P. Singh and their injuries were also x rayed by Dr. M.N. Saxena. Deva suffered three incited wounds, out of which injury on tibia and fabula were found to be grievous Nainu suffered two 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 challan against the eleven accused persons including the petitioners in the Curt 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 326 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 having 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. 2 Narsinghdas, D.W. 3 Bakhta, D.W. 4 Samda and the accused Ghisa entered the witness -box as D.W. 1 in his own defence under Section 342A Cr.P.C.

(3.) THE learned Assistant Judge held that the plea of the accused that ail the four injured persons fought between themselves and that the injuries were indicated by them inter se is wholly untenable. He found that the accused Ghisa caused grievous court to Mangla, Ladu caused grievous injuries to Nainu and Lala caused grievous hurt to Deva. All the three accused were armed with axes and they caused grievous hurts to the above mentioned three injured persons with sharp -edged weapons. He further held that the accused Rahima caused injuries to Budba. On the basis of the above finding be convicted the accused Ghisa, Ladu and Lala under Section 326 I.P.C. and Rahima under Section 324 IPC. and sentenced them as mentioned above. The convicted accused preferred and appeal in the Court of Additional Sessions Judge, Ajmer who by his judgment dated January 18, 1972 partly accepted the appeal, and acquitted be accused Rahima. He maintained the conviction of the accused Ghisa, Ladu and Lala under Section 326 I.P.C., but reduced the sentence as mentioned above. The three convicted accused petitioners have come up in revision before this Court.