RAM KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE three appeals have been filed against the judgment of conviction passed by the learned Additional Sessions Juge No. 2, Alwar, on 6th February, 1986 in Criminal Case No. 1 of 1982 (60 of 1985), whereby the accused -appellants were convicted and sentenced.

(2.) IN D.B. Criminal Appeal No. 78 of 1986, Ram Kishan, Bhajan, Babu, Mulya, Ramesh and Hari Singh are the accused -appellants. In D.B. Criminal Appeal No. 79 of 1986 Kajodi is the accused -appellant. In Criminal Appeal No. 100 of 1986, Nand Lal and Nand Ram are the accusedappellants. Since the above three appeals arise out of the same judgment they have been heard together and are being disposed of by this common judgment.

(3.) BRIEFLY stated the facts of the case are that on 6th September, 1981, at about 9 a.m. one Charani lodged a report at the Police Station, Lachman, Garh, District Alwar, wherein it was alleged that at about 6 a.m. on 6th September, 1981, when Kishan was cultivating his field Nand Ram and Nand Lal, both sons of Kundon, Hiralal son of Mooliya, Ram Pratap and Radhey Shyam both sons of Hiralal, Madan son of Nandapal, Kajodi son of Gheesa, Hari Singh, Bhim Singh, Karan Singh all sons of Brij Mohan Moolya son of Gokul, Ramesh and Charani sons of Shyamlal, Girraj, Shyam Lal, Babu and Ram Kishan son of Ram Chandra, Prabhu son of Ram Chandra, Bhajan son of Prasadi all by caste Aheer residents of village Gopal Pura came to the field of Kishan having lathis, farsis and country made guns and pistols in their hands, with an intention to kill Kishan. It was alleged that Nandram and Nandlal were having guns, Ram Kishan and Bhajan were having country made pistol, Moolya and Babu were having farsis and rest of the accused were armed with lathis. As soon as the accused persons arrived at the field Nandram asked his fellow men to teach Kishan a lesson for giving evidence against him. It was alleged that the accused persons thereafter surrounded Kishan and on hearing cries, first informant namely, Charani, Radhey son of Ganga Sahai, Radhey Shyam son of Ragunath, Ram Khilari, Pratap, Moti, Ramesh, Gorisahay, Kali and Pooran came to Kishan's rescue. The case of the prosecution further is that Mooliya inflicted farsi blow fo Kishan. Babu inflicted a farsi blow on Radhey and Bhajan fired towards Radhey from his country made pistol, which hit on the stomach of Radhey. It was alleged that Hari Singh, Bhim Singh, Madan and Kajodi gave lathis blows on the head of Moti. Ramkishan fired towards Ram Khilari and Radhey Shyam. Nandram fired from his gun of Pratap who died on the spot. Nandlal also fired at Charani. It was alleged that MotiKishan and Kani were seriously injured and Pratap died on the spot. Kanhaiya Lal Hari, Chhotaka, Prakash and other villagers were mentioned and eye -witnesses in the incident.