KANARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) KANARAM , Hanuman, Bhanwar alias Bhura, Jeewan, Gopiram, Ratna Ram, Chhitar, Phula and Mohan, all the appellants in this appeal are aggrieved against the judgment dated 23rd April. 1983, passed by the Sessions Judge, Sikar, whereby they have been convicted and sentenced as under: Kanaram, Hanuman, Bhanwar Under Section 147, I.P.C. 1 year's RI;alias Bhura, Gopiram, RatnaRam & MohanJeewan, Chhitar & Phula Under Section 148, I.P.C. 1 year's RI;All the appellants named Under Section 302/149 I.P.C. Life imprisonment withabove fine of Rs. 1,000/ - indefault, 6 month's RI;Under Section 325/149, I.P.C. 3 year's RI with fine ofRs. 500/ - in default, 3month's RI;Under Section 323, I.P.C. 6 month's RI.

(2.) BRIEFLY stated facts of the case are that, on the report of one, Prabhudayal s/o Ramuram which, was lodged on July 19, 1982, at the police station Dantaramgarh (District Sikar, Rajasthan), at about 3 p.m., a case No. 51/82 was registered and the investigation commenced. According to the said report (Ex.P 23), half of the agricultural land bearing khasra No. 1109 situated in the village Nayabas was in possession of the informant Prabhudayal and his brother; and the said land was being cultivated not only by the information but also by his predecessors. It was alleged in the report (Ex.P 23) inter alia that, on July 19, 1982 the informant along with his mother went to the aforesaid field in order to plough it and when he started ploughing it the accused appellants along with certain other persons came on the field and obstructed him; that, the appellants accused and other persons were armed with lathies, Farsi, and axes that, Gopiram (accused) initially obstructed the informant but on his insistence to plough the field, other accused persons also rushed in the field and started beating him (Prabhudayal); that, Smt. Dhapu mother of Prabhudayal was also beaten by the accused appellants; Smt. Dhapu raised hue and cry upon which, the neighbours and persons passing nearby on the way came to their rescue Kajju s/o Mangu, Budha s/o Dhanna, Jeewan s/o Khinva, Dula s/o Lala, Budha s/o Rugnath, Sukha s/o Dalu and Laxman s/o Bheru are alleged to be the persons who had reached at the place of occurrence on hearing the noise and they tried to intervene. The accused persons did not stop beating and also gave beating to the interveners. It is further alleged that the accused appellants Chhitar, Jeewan and Phula gave Farsi blow on the persons of Kajju and Budha, as a result of which, Kajju died instantaneously at the spot and Budha who also sustained injuries, died in the hospital. It is also alleged in the report that prior to this occurrence, the accused -appellants obstructed the informant and his brother from ploughing the field and tried to disturb peaceful possession of the informant and his brother, and for this action of the accused -appellants the informant Prabhudayal and his brother Heera filed a suit for permanent injunction against them where in they (accused) were restrained from interfering in the peaceful possession of the informant and his brother and notice to the accused -appellants to show cause as to why the said injunction may not be made absolute, were issued.

(3.) THE learned Sessions Judge, after holding a regular trial against the accused persons held the appellants guilty of forming an unlawful assembly with common object of causing injuries to Gopi, Dhapu and Prabhudayal so also to cause death of Kajju and Bhudha. The accused -appellants were also held guilty for rioting and they have been convicted under Sections 147 and 148 I.P.C. as aforesaid. In all 13 witnesses were produced by the prosecution in support of the charge framed against the appellants and other accused -persons by the learned Sessions Judge. 55 documents were got exhibited by the prosecution before the trial court. On the basis of the allegations made against the accused persons by the prosecution, the statements of the accused persons were recorded where in all of them denied all the charges levelled against them by the prosecution. Jeewan (appellant) asserted that whole of the land bearing khasra No. 1109 is in their possession, and Prabhudayal (informant) accompanied with Kajju along with others duly armed with deadly weapons went on the aforesaid field in order to dispossess them; that, during that time, the complainant party inflicted injuries on the persons of accused Ratna, Gopi and Bhanwar and others and that, he (Jeewan) along with other accused persons were ploughing their field on the date and at the time of the occurrence. Other accused -appellants in their statement recorded under Section 313 Cr.P.C. averred that they support the statement of the appellant Jeewan. In defence, the appellants got, in all 26 documents exhibited.