SRIKISHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by the appellants, namely, Srikishan, Nathu S/o Onkar, and Nathu S/o Prabhulal Meena. against the judgment of the trial court whereby they have been convicted & sentenced as under:-U/s 436 IPC-One year's R. I. with a fine of Rs. 500/- in default, six months R. I. Each.

(2.) IN a feud between two tribes, Kanjars and Meenas, one Meena was killed and the dwelling houses of Kanjars were set on fire. The present one is a case where Meenas have been prosecuted on the allegation that they set on fire to the house of Kanjars. INitially in the first information report, 18 persons were involved but later on 8 were challaned out of whom 3 were convicted who rove filed this appeal.

(3.) IT is also correct that Hansya (PW 2) has stated in terms on that day, there was quarrel between Kanjars in which one Meena was killed. On that all the people left the huts and went to the forest. Hansya (PW 2) has admitted that none of them were in huts when the fire was lit and they came back only after the flames were observed from a distance. When the attention of Hansya (PW 2) was invited on the above contradiction between the examination in Chief and cross-examination then Hansya (PW 2) stated that male people ran away but families remained there. In my opinion, this version is difficult to be believed. If the entire Kanjars community was frightened from the retaliated unilateral attack it is not possible to believe that the males would run away and the families would be allowed to remain there to face the attack of the Meenas. In view of this, I am persuaded to accept the contention of Shri Tikku that nothing was there after the murder and they came only after the event was over, i,e. hutmen were put to fire and Meenas must have retaliated. IT is impossible to conceive that when Meenas were attacking and setting on fire the huts, the ladies would come from the forest to observe as to who are the aggressors.