GANESH AND OTHERS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants were tried by the Sessions Judge, Bundi, in Sessions Case No. 103/83 and he found them guilty and convicted them as under:- Birdhi Lal -

(2.) All the sentences were ordered to run concurrently.

(3.) According to the prosecution story Gopal Lal S/o Birdhi Lal lodged a verbal report at Police Station, Cooperation on 7-9-83 at 9.30 a m. which is Ex. P 1. According to this report Satya Narain S/o Shiv Karan was going to Kota for his studies and when he reached near the station Copren, Kalu Lal master and his wife met him. Kalu Lal told Satya Narain that why did he beat Birdhi Lal, his brother. Satya Narain told that he had beaten his brother Ram Prasad. Thereafter a fight started between Kalu and his wife on one side and Satya Narain on the other side. Satya Narain was beaten by Kalu and his wife with stones. When this information about beating of Satya Narain reached to his father, Shiv Karan, he started and went towards Railway Station to see Satya Narain. Behind him Bhanwar Lal, Ramesh and Ram Prasad also ran towards Railway Station. On the way to Railway Station in the field of Mangi Lal S/o Onkar Meena, came across Ganesh, Paras Ram, Mukat Behari, Kalu, Birdhi. Prabhu, Ambba and Chhagana all armed with lathi's, gandasies and axe. All these persons had a common object to beat Bhanwar Lal, Ramesh and Ram Prasad and with that object they formed an unlawful assembly. The accused persons beat Bhanwer Lal Ramesh and Ram Prasad with the weapons they had in their hands and when Shiv Karan returned from the station he was also beaten by then with lathies, gandasie and axe. The informant came to the village after manuring his field and he was informed by his elder brother that all the brothers have been beaten and they are lying in the field. He along with his mother came to the place of occurrence and saw the condition of the injured and with the help of Brij Mohan and Raghunandan brought all the injured persons in the held (khaityan) and from where they were brought to Coven Hospital in a tractor trolley. The condition of all the four injured persons was serious. Brij Mohan and Raghunandan were present at the time of occurrence who told him that they were beaten by Genesh. Mukat Behari, Paras, Ram Kalu, Birdhi Lal Prabhu, Chhagna and Ambba with lathies, gandasies and axe. It was also alleged that there was enmity between the parties due to some land dispute.