IBRAHIM Vs. STATE

JUDGEMENT

(1.) THIS is a an appeal by the three accused appellants viz, Ibrahim, Jamal and Ridmal against the judgment of the learned Sessions Judge, Jaipur, District Jaipur dated 27-4-1971, whereby the accused-appellants were convicted under Sections 325 and 323 read with Section 34 IPC. and sentenced to three years rigorous imprisonment, and a fine of Rs. 200/- each, in default thereof to one month's rigorous imprisonment under Section 325 IPC and to one year's simple imprisonment under Section 323 IPC, Both the sentences were ordered to run concurrently.

(2.) THE facts of the case, in brief, are that the residents of villages Pigun and Surri made an application Ex. P/23 to the SDM, Sambhar that about 5000 cows and about 14000 or 15000 goats and sheep belonging to the famine stricken area have encamped in the villages of Sali, Surri, Khanpura, Pigun, Mordi Kalan, Mordi Khurd and Morda. THEse cattle-heads were not only grazing grass, but were also damaging the crops of wheat and the crops standing in the fields. It was further contended that whenever the villagers tried to drive these cattle away from their fields, the Marwaris took to "marpeet". THE SDM, Sambhar directed these Marwaris to leave this place within 24 hours; but these Marwaris having this large number of cattle heads, did not move away. THE application Ex. P/23 was forwarded by the SDM, Sambhar on 1012-1968 to the Dy. S. P. Sambhar Shri K. L. Saini, PW/23, who forwarded it to the SHO, Dudu on 11. 12. 1968 with the direction that he should visit the spot, and report compliance. Shri Ram PW-18, SHO, went to the spot accompanied by the constables, Ibrahim, Sultan and Nanuram Sarpanch (PW/2) of Sakhun also accom-panied him THE SHO directed the Marwaris to keep on moving, and not to encamp for several days in one village. THE SHO left the site after giving similar directions to the other persons; but as soon as he left the place, the villagers of Sakhun were attacked by these Marwaris. Ex P/23 is the First Information Report, which was lodged by the SHO, Shri Ram PW-18. As a result of this "marpeet" Onkar died, and the other villagers also received injuries. In the First Information Report, the names of the accused persons were not detailed, but it was stated that 40 or 50 persons of the camp of Jammu and Rayab got agitated and started attacking the villagers. Jammu exhorted his companions to beat the villagers, to death. It is further alleged that Jammu gave a lathi stroke on the head of Onkar as a result of which he received injuries, and fell down there. THE names of the other assailants have not been disclosed, but it is said that a number of villagers received injuries. After investigation, a challan was put up against five persons, viz. Ibrahim, Ridmal, Jamal, Channa and Rahim. Accused Rahim died during the trial. THE learned Sessions Judge held that the left hand of Channa was defective, and that he could not have welded the lathi strokes, and as such, he was acquitted. Ibrahim, Jamal and Ridmal have been convicted as aforesaid.