SHAITAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Addl. Sessions Judge No. 2, Jodhpur dated January 27, 1978 whereby the learned lower court held the accused appellants guilty of the offences as under:

(2.) THE remaining accused persons have been sentenced by the learned lower court as follows :

(3.) ON the basis of this report, a case Under Sections 147, 148, 149, 435, 323 and 447 IPC was registered. The madical examination of the injuries of Magharam, Motiram Ghewarram and Mst. Rami was got conducted on 20th July itself. The injuries were examined by Dr. P. Dayal, Medical Jurist Mahatma Gandhi Hospital, Jodhpur. Tne X -ray examination of the injuries was conducted by Dr. Gopiram Agrawal on July 22, 1976. The injury reports of Magharam, Motiram, Ghewarram and Mst. Rani have been marked Ex. P. 1, 3, 5 and 6 respectively. The injuries on the person of the accused -persons were also examined by Dr. P. Dayal. The site was also inspected. The copy of the Khasra Girdawari has been marked Ex. P. 21 A. The site inspection memo has been marked Ex. P. 22. The blood stained clothes of Motiram and Magharam were seized vide Memos Ex. P. 23 and 24 respectively. Ex. P. 9/1 is the Formal FIR recorded on the basis of Ex. P. 9. After usual investigation, the Police challaned the case against all these 9 accused -persons.The accused persons did not plead guilty to the charges and claimed trial, where upon, the prosecution examined in all 12 witnesses. The statements of the accused person were recorced Under Section 313 Criminal Procedure Code. Accused Bhoorkhan, Mehardin and Safikhan have taken the plea that they were grazing their herd of sheep and they went to rescue Karimkhan who was being beaten by the complainant party and that they have falsely been implicated by the complainant party. The other accused persons viz , Safikhan and Ganikhan have stated that they have been implicated falsely because of the involvement of their brother Karimkhan in the case. The remaining accused persons have taken the plea that they went to the field of Mst. Dhapu with four ploughs. When they were ploughing the field, the complainant party resisted them and started beating. Initially they gave beating to Karimkhan and later to Shaitansingh and other also. They then lodged a FIR of the incident at the Police Station and also filed a complaint of the incident. According to them, they have been falsely implicated. They examined DW 1 Mst. Dhapu, DW 2 Sujansingh in their defence. Muridkhan and Moolsingh have been examined on the point of sentence.