MATADEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, five in number, along with co-accused Mala Ram, were were put to trial before the learned Additional Sessions Judge (Fast Track) No. 2 Sikar Camp Neemka Thana, who vide judgment dated November 28,2003 convicted and sentenced the appellants as under:- Matadeen: u/s. 302 IPC: To suffer imprisonment for life and fine Rs. 1000, in default to further suffer six months rigorous imprisonment. u/s. 307/149 IPC: To suffer rigorous imprisonment for ten years and fine Rs. 1,000/- in default to further suffer six months rigorous imprisonment. u/s. 324 IPC: To suffer rigorous imprisonment for two years. u/s. 326 IPC: To suffer rigorous imprisonment for five years and fine Rs. 500/- in default to further suffer rigorous imprisonment for three months. u/s. 323 IPC: To suffer rigorous imprisonment for one year. u/s. 148 IPC: To suffer rigorous imprisonment for two years. Babu Lal: u/s. 302/149 IPC: To suffer imprisonment for life and fine Rs. 1000/-, in default to further suffer six months rigorous imprisonment. u/s. 307/149 IPC: To suffer rigorous imprisonment for ten years and fine Rs. 1000/- in default to further suffer six months rigorous imprisonment. u/s. 324 IPC: To suffer rigorous imprisonment for two years. u/s. 326/149 IPC: To suffer rigorous imprisonment for five years and fine Rs. 500/- in default to further suffer rigorous imprisonment for three months. u/s. 323 IPC: To suffer rigorous imprisonment for one year. u/s. 148 IPC: To suffer rigorous imprisonment for two years. u/s. 3/25 Arms Act: To suffer rigorous imprisonment for three years and fine Rs. 1000/- in default to further suffer rigorous imprisonment for three months. Ram Niwas, Sugana Ram and Kailash: u/s. 302/149 IPC: Each to suffer imprisonment for life and fine Rs. 1000/-, in default to further suffer six months rigorous imprisonment. u/s. 307/149 IPC: Each to suffer rigorous imprisonment for ten years and fine Rs. 1000/- in default to further suffer six months rigorous imprisonment. u/s. 324 IPC: Each to suffer rigorous imprisonment for two years. u/s. 326 IPC: Each to suffer rigorous imprisonment for five years and fine Rs. 500/- in default to further suffer rigorous imprisonment for three months. u/s. 323 IPC: To suffer rigorous imprisonment for one year. u/s. 148 IPC: To suffer rigorous imprisonment for two years. Substantive sentences were ordered to run concurrently. THEco-accused was however ordered to be acquitted.

(2.) IT is the prosecution case that on September 11, 1997 at 9. 45 AM informant Bhata Ram (PW. 1) submitted a written report (Ex. P. 1) at Police Station Neemka Thana stating therein that on the said day when he along with Mala, Khyali, Rohitash, Sheoram, Badami, Makhan, Kishna, Prabhati, Ramchandra, Bnwari, Jhabar, Jaipal, Gyarsi, Sagri, Lalchand and Rameshwar were grazing their cattle on the pasture land, Matadeen armed with sword, Ram Niwas having Pharsi, Babu Lal having gun, Sugna Pharsi and Kailash, Prakash and Mala having lathis and with 3-4 others including Om Prakash Balai armed with gun, attacked on Prabhati with an intention to kill her. Matadeen inflicted blows with sword on the head and waist of Prabhati. When Kishna tried to save her, he was attacked by Sugana and Ram Niwas with Pharsi. Babu Lal and Om Prakash opened fire that caused injuries on the person of Bhata Ram, Khyali Ram, Rameshwar, Lal Chand, Rohitash and Bidami. Matadeen inflicted sword blows on the person of Ramchandra and Makhan whereas Ram Niwas, Sugana and Kailash inflicted injuries with sword and pharsi, Kailash, Matadeen, Malaram and Prakash caused injuries to Jaipal, Jhabar, Sagri and Gyarsi. Hearing their alarm when Mala, Bhagirath, Manohar, Sheo Ram, Nara Ram etc. came to intervene the accused fled away. As a result of the injuries Prabhati died on the spot. On that report a case was registered at the police station Neemka Thana and investigation commenced. After usual investigation charge sheet was filed only against six accused persons. In due course the case came up trial before the learned Additional Sessions Judge (Fast Track) No. 2 Sikar Camp Neemka Thana. Charges under Sections 147, 148, 323, 324, 302, 302/149, 307, 307/149, 326, 326/149 IPC and Sec. 3/25 Arms Act were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 26 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) COMING to the prosecution evidence we find that the informant Bhata Ram (PW. 1), Kishna (PW. 2), Rameshwar (PW. 3), Ramchandra (PW. 4), Makhan (PW. 8), Sagari (PW. 10), Bidami (PW. 11), Banwari (PW. 13) and Jhabar (PW. 16) in their cross examination admitted that the land indispute belonged to accused party. They did not explain the injuries sustained by accused appellants. The accused party placed on record the judgments of the revenue courts other documents regarding the land in dispute (Ex. D. 25, Ex. D. 30, Ex. D. 31, Ex. D. 32, Ex. D. 33, Ex. D. 36, Ex. D. 37, Ex. D. 38, Ex D. 53 and Ex. D. 54) wherein the case of complainant party has been declined and the accused party got success since they were in possession of the land in dispute and the relevant documents were also in their favour Ex. D. 25 is the sale deed in favour of the accused appellant Dhara Singh. Learned counsel for the appellants submitted that although the prosecution has come with the case that the incident occurred in pasture land, but the accused by documentary evidence proved that the land in question was in their possession. Learned counsel for the appellants submitted that on the basis of parcha bayan of Matadeen the FIR No. 271/97 (Ex. D. 18) came to be registered for the offences, under Sections 147, 148, 149, 323, 341 and 447 IPC against the complainant party and the challan was filed. Learned Additional Sessions Judge Neemka Thana in Sessions Case No. 20/91 vide judgment dated June 21, 1997 convicted and sentenced under sections 148, 149, 325, 323 and 447 IPC the members of complainant party namely Mobataram, Dallaram, Hemram, Lichhman, Ram Sahai, Ramjilal, Jagmal, Sanwalram and Malaram.