LAWS(RAJ)-1986-7-69

GORDHAN Vs. STATE OF RAJASTHAN

Decided On July 02, 1986
GORDHAN Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The appeal is directed against judgment of the learned Sessions Judge, Bikaner dt. Oct. 23, 1975, by which the six accused, namely, Gordhan, Basta Ram, Ramlal, Kishna Ram, Hanuman Ram and Rain Chandra were convicted under Ss. 302/149, 148 and,32/149, I.P.C and each was sentenced to imprisonment for life on the first count and six months' rigorous imprisonment on the remaining two counts. The sentences were directed to run concurrently.

(2.) Put briefly, the prosecution case is that the deceased Balusingh Rajput was the Sarpanch of Gram Panchayat Udasar P.S. Nokha district Bikaner. Accused Gordhan was a Panch in the Gram Panchayat. Five members of the Panchayat were on the side of accused Gordhan while seven members of the Panchayat were the supporters of the deceased-victim. As a result, two parties came to be formed in village Udasar - one headed by the deceased-victim and the other headed by the accused Gordhan. The State of Rajasthan allotted a major portion of pasture land of village Udasar to the Forest Department. It is alleged that the deceased Balusingh was an instrument in getting this allotment of land to the Forest Department. This was resented and protested by the accused Gordhan and the persons belonging to his group. The Forest Department wanted to fence the allotted land with wires for growing trees. Some of the villagers of Udasar again raised protest as they wanted to preserve it as pasture land. The deceased Balusingh had obtained a-mining lease from the State Government to excavate the lime pebbles. He had employed some labourers for excavation work. It is suggested that accused Gordhan and his supporters were not happy with this lease of quarry granted to the deceased Balusingh.

(3.) On April 24, 1973 the labourers employed by the deceased Balusingh came to him and told that lime pebbles were no more available in the lease-hold area. They asked him to show some other place in the lease-hold area for excavation of lime pebbles. At about 11.00 or 12.00 O'clock on that day, the deceased Balusingh took PW 1 Kaliyasingh, PW 2 Pratapsingh and PW 3 Lalsingh to go to his quarry to show a new place for excavation to his labourers. When these four persons reached near the field of one Bheraram on their way to the quarry, the six accused persons suddenly emerged from the thorny fences of the field and made an assault on Balusingh. Accused Basta Ram had an axe, accused Hanuman had a Barchhi, accused Gordhan had a Sela, accused Ram Lal had a Jeyee while the remaining two Ramchandra and Kishna had lathies. Accused Basti Ram struck a blow of his axe on the head of Balusingh. Accused Hanuman struck a blow of his Barchhi on the head of Balusingh. Balusingh fell down. Accused Gordhan struck a blow of his Sela on the left (side of the) waist of Balusingh. The remaining accused also struck blows to him with their weapons. When Kaliyansingh and others tried to intervene and save Balusingh, they too were not spared and were inflicted blows by the accused persons, Lalsingh and .Pratapsingh, on infliction of blows to them, left the place and ran away. There was profuse bleeding from the wounds of Balusingh and he passed away instantaneously on the spot. The accused persons then retreated. Kaliyansingh, who remained on the spot with Balusingh, lifted his deadbody and placed him under the shade of a Khejri tree. Lalsingh and Pratapsingh went to the village and narrated the incident to the villagers. Many persons including PW 4 Sanwatsingh came on the spot and found Balusingh lying dead. They remained with the deadbody and Kaliyansingh left the place to go to the police. He reached Police Station, Nokha at about 5.00 p.m. on the same day and verbally lodged report Ex. P5 of the occurrence. The police registered a case and proceeded with investigation. The Station House Officer Mahaveer Prasad (PW 10) arrived on the spot on the same day, inspected the site and prepared the site plan Ex. P-6. He found bloodstains on the site. He seized and sealed the bloodstained soil from there. The inquest report of the victim's dead body was prepared. The post-mortem examination of the victim's dead body was conducted by PW 5 Dr. M.L. Mishra - the then medical Officer ln-charge, Primary Health Centre, Nokha at about 5.30 p.m. on the same day. He was taken to the spot by the investigating officer. The doctor found the following ante-mortem injuries on the person of the victim's deadbody : - 1. Punctured wound just above Iliac Crest size 1" X " X " deep caused by sharp and pointed weapon. 2. Punctured wound on the upper half of the right leg antro-medially size 1'' X '' X " deep caused by sharp and pointed weapon. 3. Cut wound on the upper half of the left forearm 3'' blow the elbow joint 2'' X '' X 1'' deep caused by sharp pointed weapon.