MAHAVEER AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D.B. Criminal Appeal No. 332/33 has been preferred by Krishna and Munshi and D.B. Criminal Appeal No. 328/83 has been preferred by Mahaveer, Rajveer, Pappu, Pyare Lal and Ramesh. All these appellants were found guilty and sentenced by the Additional Sessions Judge, Dholpur in Session Case No. 35/1983. Both these appeals are against the same judgment, hence they they are disposed of by this common judgment.

(2.) The accused-appellants have been found guilty and sentenced by the Additional Sessions Judge, Dholpur vide his judgment dated 17.8.83 as under:-

(3.) The brief facts of this case are that Sobaran Singh Sarpauch gave verbal information at Police Station, Badi on 23rd Aug., 1981 at 12.10 p.m. to the fact that he had heard in village Abdulpur that three persons have been killed and their houses have been put to fire by Thakurs yesterday at about 5-6 p.m. due to an old enmity going on between Shamars and Chauhans. He had stated that he does not know other details as to who was killed by whom. On receipt of this information the SHO Badi ran at the spot and he recorded the parcha-bayan of Gokui which is Ex. P 1. In that parcha-bayan Gokul stated that yesterday evening at 5 O' clock he had come from his field to his house. Ram Bharose and Shankar were sitting on the roof of the house. The ladies of the house were working in the house. At that time Ram Bharose cried that miscreants had field at Baboo. Siya Ram closed the door of the house Ram Bharose. Shanker and Bhikha entered in to the 'kotha' of Baboo and Siya Ram also entered in to the kotha of Baboo. Shanker and Ram Bharose entered in to the kothi for keeping grain. Bhikha who was in the house also went in to the 'kotha' to hide himself. He has further stated that when they were inside the kotha he heard the voices Gangadhar, Pappu S/o Mehtab and Munshi S/o Bhogi entered tin to the 'kotha' where they were hidden and Ramesh dragged Shanker out of the 'kotha'. Munshi uttered that nobody should be left alive and all be finished. Shanker fired at Ramesh and Pappu fired at Bhikha. Mst. Samariya who wwas also inside the kotha was taken out from the kotha. Rajendra fired at Ram Bharose who was inside the kothi. Chandaniya mother of Bhikha requested not to kill Bhikha but they did not agree to it. All the miscreants after murdering them ran away from the house. When he came out of kotha, the ladies of the house informed him that Pyare S/o Bhoori Singh, Rajendra S/o Pyare and Munshi, Mahaveer, Ramniwas Rajveer, Ramesh, Pappu and Mukandi came down from the roof and collected them in the chowk and asked them to sit there. Munshi, Rajendra, Ramesh and Pappu had gun in their hands while others had lathies. When Rajendra Ramesh and Pappu came out of the kotha they told them that they will sell all the ladies in the market. At that time five persons wearing 'khaki dress having gun in their hands were standing there and they rescued the ladies and sent them inside the house. Those miscreants had taken away clothes and utensils of the house and one she buffalo with child she-buffalo belonging to Roshan. While going they told them that if any report is made at the Police Station they will also be killed. All the persons residing in the village ran away due to this fear. He also could not come to report at the Police Station on account of fear and he remained sitting along with the dead bodies. He has also stated that an old enmity was going on between them and Thankurs and on account of that enmity they murdered their person and looted the property and the house were set fire.