NANDA & OTHERS Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 28th April, 1983 passed by the Sessions Judge, Tonk, whereby, he convicted all the accused-appellants of the offence under section 302/149, IPC, and sentenced each of them to imprisonment for life, and a fine of Rs. 100.00 each, and in default of payment of fine, to further undergo 1 months SI each. For the offence under section 147, IPC, he sentenced each appellants to three months RI and a fine of Rs. 50.00; and in default of payment of fine, to further undergo one months SI each. He further convicted appellants Mangilal, Nandaram and Ramchandra of the offence under section 323, IPC, and sentenced each of them to one months RI and a fine of Rs. 50.00 each and in default of payment of fine, to further undergo 7 days SI each.

(2.) Succinctly narrated, the facts of the case giving rise to this appeal, are that on 16th June, 82, Parcha-Bayan of one Chauthmal, son of Fatehlal, was recorded by the SHO, PS - Mendwas, which was registered at No. 319 in the Roznamcha-Aam, and subsequently FIR No. 21/82 was prepared. In this Parcha-Baya, Chauthmal alleged that, he along with his father, Fatehlal, Ramdeva Kumhar, Suman Singh Rajput, Ramswaroop, Daru Meena, had gone to Bherun Lakheras field at about 8-9 AM on that day. He had taken his tractor to which coolie was fitted ; and Ramdeo, Sammansingh and Ramswaroop had their oxen-coolies. It was further stated therein that prior to this, they also had been to the aforesaid field and they did Kharar twice, and this time, for the third Kharar they had gone to the field. After reaching the field, they hardly had done 2-3 Motha by the tractor and coolies that 40-50 persons came from their village including the appellants. As soon as they came there, they started beating his father without asking an thing. He (Chauthmal) has further alleged that Nanda and another Nanda with Prahlad and Ramlal Jat gave lathi blows to Fatehlal, on several parts of his body. Nanda Jat gave lathi blows to his father, on his head. Ramnath also gave lathi blows on his fathers head. Nanda, son of Uda Jat, Banna son of Uda Jat, Prahlad son of Nanda and another Prahlad son of Bhanwarlal gave lathi blows to Ramdeva Kumhar. Kanhaiyalal Paliwal also inflicted lathi blows. He (Chauthmal) has further stated therein that he did not know as to how the injuries were inflicted upon the persons of the other party. He has further stated that he had only one parania and nothing else, while the accused persons were armed with lathis. Daru and Samman Singh ran away from the spot. His sister Mst. Prem went from the village and brought her father. In the said Parcha-Bayan, he has stated that Ramnarain son of Lada Brahmin, Raghunath Singh son of Sultansingh Rajput and Jailal son of Kishanlal Jat, member, Panchayat, who were standing at the spot, at some distance, had also witnessed the incident, and that, several other persons of the village who were also present there, also witnessed the quarrel. He (Chauthmal) has further stated therein that there was no previous enmity in between the Jats and Paliwals. He has then stated that, on account of the injuries received in the incident, his father expired.

(3.) On the basis of this Parcha-Bayan, a case was registered under sections 302, 147, 148, 149 & 323, IPC, and investigation started. After completing the investigation, the police submitted a challan before the CJM, Tonk, on 9th July, 82, who committed the 13 accused persons to the court of Sessions Judge, Tonk.