STATE OF RAJASTHAN Vs. LOHRE

JUDGEMENT

(1.) D B Criminal Appeal No. 332 of 1971 is an appeal preferred by the State against the acquittal of 20 persons who were prosecuted under Ss. 307, 147, 148, 324, 307 read with 149 and 324 read with 149 IPC The State has however preferred this appeal only against five persons namely Lohre, Sona, Lochan, Pooran and Bhagwan Singh and prayed that they should be convicted for an offence under Sec. 307 IPC

(2.) Lochan was convicted by the learned Sessions Judge under Sec. 324 IPC and therefore he preferred a separate appeal (S B Criminal Appeal No. 4 of 1971) against the order of his conviction Since both of these appeals arise out of a common judgment passed by the learned Sessions judge, Bharatpur dated November 27, 1970 we propose to dispose them of by one judgment

(3.) The facts giving rise to this case in a nut shall are as follows There was a long drawn enmity between the complainant party he did by Brijendra Singh and the party of the accused persons headed by Lohre On the night of 24.12.1968 it is alleged that the accused party went to the field of Brijendra Singh but Brijendra Singh was not found there. In his absence the engine which was fitted on the well was thrown into the will by the accused persons Next morning i.e. on 25 -12 -1968 at about 8:00 a.m. Lohre and 20 others aimed with guns, lathies, Dallams and Farsis, went to the Bethak of Brijendra Singh Natthi Singh, the brother of Brijendra Singh, was sitting on the chabutra and it is said that Jyoti Nai was shaving his beard and Phool Singh was awaiting for his turn to take the services of Jyoti Nai. As soon as the accused party reached the place of occurrence, Brijendra Singh was fired at by Lohre, but fortunately he took shelter behind the Well and then ran away from that place On seeing this, Jyoti advised Natthi to immediately ship away from the place of occurrence. It is said that when Natthi was trying to run away Sona and Pooran fired at him with the result that he sustained gunshot injuries and fell down Thereafter, Lochan and one Kanhaiya who absconded and could not therefore be tried gave Pharsi and Ballam blows on the legs of Natthi Komal, who was ailing and was lying in the Bethak, on hearing the gun fire, also tried to slip away from that place but the accused Bhagwan Singh armed his gun at him and opened a firm. Komal got injury from the gun -fire. Thinking that these persons, who were fired at, had died all the accused persons left the place.