GYARSA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN an unfortunate incident four persons viz. , Kheta, Jai Narain, Ganpat and Ramchandra lost their life. The dispute arose while Patthar Gadi (marking of boundary by fixing stones) on the field was in progress. Out of 63 accused persons named in the First INformation Report, only 42 were charge-sheeted. Since accused Ram Swaroop and Rajveer were declared absconders, they were tried separately. Accused Ram Niwas @ Ram Kumar died during trial and proceedings against him stood dropped. Thus 40 appellants who have been convicted and sentenced vide judgment dated August 27, 2001 by the Additional Sessions Judge Kotputli District Jaipur are before us in these appeals. The details of appellants and punishment recorded against them are as under:- Twenty four appellants in Criminal Appeal No. 647/2001 viz. , 1. Gyarsa, 2. Laxman, 3. Rajbir @ Dholya, 4. Onkar S/o Gyarsa. 5. Sheoram, 6. Dharampal, 7. Ramdayal, 8. Badri, 9. Hazari, 10. Sawai Singh, 11. Gulzari, 12. Bhoma, 13. Devi Sahai, 14. Dayaram, 15. Ashok, 16. Sheokaran, 17. Leelaram, 18. Moolchand, 19. Shriram, 20 Rampratap, 21. Prabhu, 22. Malaram, 23. Umrao, 24. Mahada and three appellants in criminal appeal No. 685/2001 viz. , 1. Ram Niwas, 2. Ramavtar and 3. Onkar s/o Kalu have been convicted and sentenced thus:- U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 500/-, with default stipulation. U/s. 307/149 IPC: Each to suffer rigorous imprisonment for ten years and fine of Rs. 500/-, with default stipulation. U/s. 325/149 IPC: Each to suffer rigorous imprisonment for three years and fine of Rs. 200/-, with default stipulation. U/s. 148 IPC: Each to suffer rigorous imprisonment for three years. U/s. 323/149 IPC: Each to suffer rigorous imprisonment for one year. U/s. 447 IPC: Each to suffer rigorous imprisonment for three. . . . . ?. The substantive sentences were ordered to run concurrently. Twelve appellants in Criminal Appeal No. 647/2001 viz. , 1. Girdhari, 2. Tarachand, 3. Jaidayal, 4. Matadin, 5. Netram, 6. Prithvi @ Pipaya, 7. Mahendra, 8. Deshraj, 9. Prakash, 10. Heera Lal, 11. Bhebharam and 12. Hariram and appellant Sawant in Appeal No. 685/2001 were however not found guilty under sections 302/149 and 307/149 and have been convicted and sentenced as under:- U/s. 325/149 IPC: Each to suffer rigorous imprisonment for three years and fine of Rs. 200/-, with default stipulation. U/s. 148 IPC: Each to suffer rigorous imprisonment for three years. U/s. 323/149 IPC: Each to suffer rigorous imprisonment for one year. U/s. 447 IPC: Each to suffer rigorous imprisonment for three. The substantive sentences were ordered to run concurrently. It may be noticed that finding of learned trial Judge acquitting these appellants under Sections 302/149 and 307/149 has neither been assailed by the State nor by the complainant.

(2.) THE prosecution story is woven like this:- On December 30, 1998 informant Hardan (P. W. 37) submitted written report (Ex. P-119) at Police Station Kotputli with the averments that on that day at 12-1 p. m. while Dataram, Jainarain, Ganpat, Jainarain, Kheta had been to their house and chatting together, sixty three persons named in the report armed with axe, barcchi, lathi, jelly, bakri and swords came over there and dealt with blows on Kheta, Ganpat, jai Narayan and Sanwata with an intention to kill them. Hearing hue and cry when Ramchandra, Gulzari, Bhola, Lalaram, Sahjeet, Inder, Harda, Barfi, Patram, Mahada, Nathya and Mala came to rescue them they wee also beaten up Kheta died on the spot Jainarain and Ganpat were taken to hospital where they were declared dead. THE injured persons were admitted to the hospital. On that report a case under Sections 147, 148, 149, 323, 307, 447 and 302 IPC was registered and investigation commenced. Dead bodies were subjected to post-mortem, statements of witnesses were recorded, the accused was arrested, necessary memos were drawn. Since injured Ramchandra was serious he was referred to SMS Hospital Jaipur, later on he also died during pendency of investigation. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Kotputli. Charges under Sections 302/149, 307/149, 326/149, 325/149, 324/149, 323/149, 147, 148 and 447 IPC were framed against the appellants, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 33 witnesses. In the explanation under Section 313 Cr. P. c. , the appellants claimed innocence and raised plea of alibi on behalf of thirty three appellants. In defence two witnesses were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated hereinabove.

(3.) REVERTING to the case on hand we noticed that informant Hardan (PW. 37), who is son of deceased Kheta, in his deposition stated that on December 30, 1998 around 12. 30 PM while he was watering his field Kheta Ram, Ramchandra, Ganpat and Sanwat were puffing hubble bubble (Hukka) six persons from the accused side namely Sheo Karan, Gyarsa, Sheo Ram, Babaji, Umrao and Mahada came over there. Sheo Karan then told to fix stones on the field, but Kheta Ram wanted to give priority to hubble bubble over Pattargadi. On the other hand Mahada and other accused persons were adament to lay stones and they were not intended to puffing hubble bubble. They forced Kheta to proceed for pattar-gadi. While Kheta along with five persons started waling accused Gyarsa and Sheo Karan called other accused persons who were hiding nearby. When 40-45 accused persons appeared, Gyarsa and Sheo Karan implored them to lay Kheta and his five companions in the field. At that time accused Sheo Karan, Mool Chand, Prakash, Lachcha, Devi Sahai, Sheo Ram and Ram Niwas were armed with Pharsis, four accused had axes. Mala Ram, Prabha, Heera and Shri Ram had Khadi, Ramdayal had Jelly and others were armed with lathis. Mada Ram then caught old of Kheta and Ram Niwas inflicted pharsi blow on his head as a result of which Kheta fell down. Laxman then inflicted phasri blow on the head of Jai Narayan. Mala also dealt axe blow on the head of Jai Narayan. Prakash gave pharsi blow on hand and head of Jai Narayan. Ram Niwas gave pharsi blow on the thigh of Jai Narayan. Sheo Ram caused injury on knee of Jai Narayan with pharsi. Devi Sahai caused pharsi-blow on the palm of Jai Narayan. Whereas Shri Ram caused axe-blow on the back of Jai Narayan, Moola gave lathi blow on the head of Ganpat. Shri Ram caused axe-blow from back side on the eye of Ganpat, whereas Ramdayal caused jelly blow on his temple. Ramchandra and Gyarsa caused lathi blows on the head of Dayala. Onkar and Bhoma caused lathi-blows on the persons of Ramchandra. Ramdayal gave lathi-blow on knee of Ramchandra. Bhoma inflicted jelly-blow on thigh of Ramchandra. The persons who intervened were also beaten up. Hardan however did not sustain any injury. In the cross examination Hardan admitted that he got the FIR written in the court compound by an Advocate. Statements of Hardan gets corroboration from the testimony of Natha (PW. 40), Madha Ram (PW. 41), Sanwat (PW. 43), Barfi (PW. 38), Data Ram (PW. 29), Guljari (PW. 23), Bhola Ram (PW. 24), Indraj (PW. 25), Sarjeet (PW. 32), Leela Ram (PW. 36), Dhola Ram (PW. 39), Gyarsa (PW. 10), Birbal (PW. 14), Jagdish (PW. 17) Khayali Ram (PW. 18), Jai Ram (PW. 26) and Gulla Ram (PW. 35 ).