BHIMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals arise out of the judgment of the Additional Sessions Judge, Gangapur City dated 7th May, 1973 whereby accused Ramota has been convicted for offences under Ss. 302, 307 and 148 IPC and the other two accused viz. Bhima and Onkar have been convicted for the said offences with the help of Sec. 149 IPC However, the appellant Onkar was convicted for an offence under Sec. 307 simpliciter. Under Sec. 302 IPC all of them have been sentenced to imprisonment for life, while for other offences, the accused appellants were awarded various terms of imprisonment and fines as mentioned in the judgment.

(2.) Forty -two persons were prosecuted for offence under Sec. 302, 148, 447, 325, 323 and 307 read with Sec. 149 IPC and also for an offence under Sec. 25 of the Indian Arms Act, 1959. After the trial, the learned trial Judge found that it was a case of over implication and the prosecution had involved various innocent persons and, therefore, thirty nine persons were acquitted by him. The learned trial Judge however, found that the deceased Ram Sahai died of the gun -shot injuries and it was a case consistent from the very beginning that the accused Ramota had fired his gun towards Ramsahai biting him on his vital parts and causing his Instantaneous death. As regards the other two persons, who got injuries during scuffle namely, Jagniya and Poonia, the learned Judge fastened the guilt on the other two accused persons namely, Bhima and Onkar.

(3.) It appears that there was enmity between the accused party and the complainant party over a dispute of field comprising of kha ra No. 97. On the fateful day, the accused party armed with guns and other deadly weapons went to the field where the complainant party was busy in harvesting operations and made enquiries as to where were they going, and thereupon, it is said that the accused party opened fire indiscriminately towards the complainant party injuring three persons namely, deceased Ramsahai, Jaganiya and Poonia. A report, exhibit P. 1, was lodged at the Police Station, Gadhmora by Ranglal PW 1. In this report, the names of 42 persons were mentioned by the first informant. The dead body of Ramsahai was subjected to post mortem examination by Dr. S.L. Agarwal CW 2 and be found following external injuries on the body of the deceased Ramsahai: -