GYARSAYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment order dated 24th January, 1981 of Sessions Judge, Jaipur District Jaipur convicting and sentencing the accused appellants under Sections 447, 302, 302/34, 323, 323/34 IPC.

(2.) THE prosecution case briefly stated is that Smt. Bhuri wife of Mehar Chand submitted a written report to the Additional Superintendent of Police on 7 -11 -1978 at 11.45 p.m. that she was staying with her husband Mehar Chand in Village Tewari, Tehsil Viratnagar District Jaipur after her husband had served in the Police for 14 years and were in possession of 30 bighas of Sawaichak land and was cultivating the same for last 10 -15 years. Her husband and her son were busy in cutting the grass, when suddenly Gyarsa, Sonya, Cheetar and one more person, whose name she could not recollect but whom she could recognise, came to the field on 6 -11 -1978 carrying sword, farshi and sticks and gave beating to her husband, as a result he died at the spot. The S.H.O., Police Station Viratnagar was in league with the accused persons and they are not attending or carrying on the investigation and they have not even visited the spot to see the dead body. The Addl. Superintendent of Police ordered the S.H.O. Viratnagar to register the case and proceed with the investigation. Thereafter a regular FIR (Ex. P. 2) was drawn on 8 -11 -1978 at 2 am. and thereafter the S.H.O. went to the site along with Dr. R.C. Sharma (PW 5). Panchnama, was prepared and the dead body was examined by Dr. R.C. Sharma. Dr. R.C. Sharma found the following injuries on the body of the deceased. Abrasion:

(3.) PW 1 Smt. Bhuri wife of deceased Mehar Chand who had lodged a report (Ex. P 1) before the Additional Superintendent of Police, has deposed in the court that her husband Mehar Chand and her son Ram Gopal and his wife Devki were cutting the grass and her another son Shyam Lal had gone to bring water. Accused Sonya with sword in his hand, Cheetar having Farshi and Gyarasa and Budha having lathies came there. Sonya inflicted a blow by to sword her husband. Cheetar inflicted a Farshi blow on his head. Gyarsa inflicted a lathi blow on the left bow and Budha inflicted lathi blow on the right 'Kanpati'. Mehar Chand fell down on the ground. Thereafter Gyarasa, Cheetar gave a farshi blow on the left hand of Ram Gopal and she was given beating by Gyarasa by stick. Thereafter all the four accused persons started beating Mehar Chand and then ran away. Mehar Chand died on the spot. No body was available at that time near the spot. When Shyam Lal came there he had also received injuries which were inflicted by Gyarsaya. They took the dead body of Mehar Chand to the hut. Next day, S.H.O. Bairath came and she asked him to see the dead body which was lying in the hut but he did not pay any attention and went back. Then she came to the village and wanted to meet the Sarpanch who was not available and, therefore, she came to Jaipur and lodged a written report to the Addl. Superintendent of Police. In cross -examination she has admitted that the land in question was a Charagah and that she had paid Rs. 400/ - in Tehsil. Accused do not cultivate that land and there is no field of the accused persons near that land. None of the accused persons had received any injury at that time. The house of the accused was at a distance of about 10 -12 spaces. The crop of Gawar was being sown on the disputed land. The accused had started beating as soon as they came there, without saying anything. She was cross -examined on several omissions in the written report Ex. P 1 but she could not give any satisfactory explanation. She has specifically denied that Gyarsaya and Sonya had asked them not to cut the grass and on their asking her husband and her son Ram Gopal had beaten them.