CHHOGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the Judgment and order passed by learned Sessions Judge, Jalore on 30.9.1994 whereby he convicted accused Chhoga under Sections 147 and 304 Part II IPC and sentenced him to undergo 6 months rigorous imprisonment and pay a fine of Rs. 100/- for the offence under Section 147 IPC and 6 years rigorous imprisonment and pay a fine of Rs. 200/- for the offence under Section 304 Part II IPC and accused Sawla, Rugha, Chhagna and Chaina under Sections 147 & 323 IPC and sentenced them to undergo 6 months rigorous imprisonment under Section 147 IPC and 4 months rigorous imprisonment under Section 323 IPC.

(2.) On 6.12199 Lone Harji had lodged the FIR at about 8.15 p.m. stating therein that his brother Teja has agriculture land in village Birawa and that on that day at about 4 30 p.m. accused Chhoga, Chena, Rugha. Moab, son of Moala and three persons went there having lathies in their hands and they attacked Teja. When Teja shouted for help, Heera (his son) and Ganga (his wife) reached there and on their intervention the accused party left him. On this report, a case under Sections 147,447 and 3231PC was registered. During investigation, Teja died and hence Sec. 302 IPC was added. The police after completion of investigation, submitted a challan against Chhoga and 4 others. The learned trial Judge framed charges under Sections 147, 302, 323 and 447 IPC against accused Chhoga and charges under Sections 147, 302/149 and 447 IPC against remaining 4 accused. They pleaded not guilty and claimed to be tried. The prosecution examined PW-1 Bharmal, PW-2 Uda Ram, PW-3 Heera Ram, PW-4 Bhagwana Ram, PW-5 Ganga, PW-6 Kusum, PW7 Pitambardas, PW8 Hema Ram, PW-9 Gopi Kishan, PW-10 Dr. S.D. Bora, PW-11 Dilip Jam and PW-12 Narain Singh and produced 31 documents. The accused in their statements recorded under Section 313 Cr. P.C. denied having committed any offence. However, accused Chhoga stated that land on which the occurrence took place was in their possession and that he and other persons were ploughing the field and at that time Teja, Heera and Ganga went there and told them that they could not plough that land. He has said that Teja and Ganga were having KudalisT, Heera was having Kulhadi in their hands and Teja inflicted Kudali blow from blunt side on his father Chaina and hence he had to use his lathi. He further stated that he also gave blows to Ganga and Heera. Accused examined DW-1 Gatta Ram, DW-2 Moola, DW-3 Binja and DW-4 Prahlad in his defence. The learned trial Judge after hearing the parties acquitted accused, Sawla, Chhagna, Chena and Rugha under Sections 302/149 and 447 IPC but convicted them under Sections 147 and 323 IPC. Accused Chhoga was also acquitted of the offence under Section 447 IPC. However, he was convicted under Sections 147 and 304 Part II IPC. It may be stated here that State had taken the appeal against the acquittal of other accused under Section 302/149 IPC, but the same was dismissed by this court on 13.3.1995 at the admission stage.

(3.) I have heard the learned counsel for the appellants and learned Public Prosecutor appearing for the State-respondent.