MUKANDA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Mukanda and 14 others who have been convicted and sentenced by the learned Sessions Judge, Alwar as follows:

(2.) ACCORDING to the prosecution, in the village Anandpur, Tehsil Behror, District alwar, there are two principal communities, namely, Ahirs and Chamars. There are about 50 houses of Ahirs and 20 or ,25 houses Of Chamars there. The Chamars had made applications to the district authorities for allotting some banjar land in the village to them for cultivation; The Ahirs took strong exception to it and on this ground, the relations between the two communities were strained. The Ahirs prevented the Chamars from grazing their cattle in the banjar land and also from using water of the village pond. Criminal proceedings were, therefore, going on between these two communities under Section 107, Cr. P. C. , when the occurrence of the 28th September, 1954 with which I am concerned in this appeal, took place. On the said date in the morning, the Ahirs of Anandpur including the first eight appellants mentioned above, formed an unlawful assembly with the common object of beating the Chamars and to teach them a lesson and in prosecution of that common object, the first named eight appellants, hereinafter to be referred to as the appellants first set, caught hold of Hardev Chamar and belaboured him with sticks, who after attending his call of nature, was sitting outside his house on a Chabutra and was washing his hands and face. Hardeva's son Harchand and Mst. Chandni, Har-chand's wife and the latters' daughter Saraswati, came out of the house in order to rescue Hardeva but they were also beaten by the accused. Hardeva was removed to his house by Mst. Chandni and Saraswati in an unconscious condition and there he succumbed to his injuries at about noon time. A mob consisting mostly of Ahirs, gave beating to the other Chamars of the village and threatened them with dire consequences in case they came out of their houses. The accused surrounded the houses of Ghamars and prevented them from going out of the village and making a report about the incident. Harchand, son of the deceased; however, slipped out of the village next morning under the pretext of bringing grass from the jungle for the cattle and went to Police Station Neemrana, which is about 10 miles from Anandpura.

(3.) FIRST information report was lodged by Harchand on 29th September, 1954, at the police station, Neemrana. The Station House Officer, Neemrana. Shri Bal krishna soon started for the spot of occurrence and prepared a site plan (Ex. P-2 ). Inquest report (Ex. P-3) of the deceased Hardeva, was drawn up and thereafter the today of the deceased was sent to Neemrana Dispensary for post mortem examination. Dr. Jagdish Sharma performed the post mortem examination, which is Ex. P-20 on 29th September, 1954. A stick is said to have been recovered from the house of Maman and another stick from the house of Ghisa, which were seized and sent for examination by the Chemical Examiner at Jaipur. Sticks are also said to have been recovered from the houses of the other accused persons. The Station House Officer, after investigation, arrested 24 persons and challaned them to the Court of the Sub-Divisional Magistrate, Behror. Learned magistrate, after holding the preliminary enquiry discharged six accused persons and committed the appellants first set to stand their trial under Sections 302, 147 and 342, I. P. C. and the appellants, Ramjilal, Ram Swaroop, Meena and Amra hereinafter to be referred to as the appellants second set and the appellants balbir, Sohan and Chelu hereinafter to be referred to as the appellants third set, with three others to stand, their trial under Sections 147. 302. 323. 325, I. P. C. in the Court of Sessions Judge, Alwar.