HARJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed by the accused-appellants against the convictions and sentences awarded under Section 302/34, IPC for life and fine of Rs. 100/-, in default further undergo R.I. for two months, for causing the death of Lal Singh; under Section 307/34, IPC for 4 years' R.I. for causing grievous injury to P.W. 14 Phool Singh; under Section 325/34, IPC for 3 years' R.I. and a fine of Rs. 50/-, in default 1 month's R.I.; under Section 323/34, IPC for 6 months' R.I. for causing injury to Bherupal Singh P.W.-2, Jabar Singh P.W.-4, and, under Section 447, IPC for 3 months' R.I. 2. At village Kolar, District Jalore Khasra No. 54 is known as Mayariwalon and Khasra No. 95 Radawalon. On the basis of the statement given by PW-2 Bherupal Singh recorded by the SHO and forwarded to the P.S. Modran a case was registered on 26-6-76. It is stated by Bherupal Singh PW-2 that in the morning at about 11 he and Jabar Singh were going towards village Dhur. They reached near the field where they saw assault by accused persons Devu, Harji, Baga and Khuma to his father Phool Singh (deceased) and his uncle Lal Singh with sticks. Both of them were lying on the ground and were raising hue and cry. Khuma and Baga were giving beating to Lal Singh whereas Harji and Deva were giving beating to his father with sticks. The wives of Baga, Deva, Harji and Khuma were standing there with Kudaliyas in their hands. When both of them rushed to the spot to rescue his father and uncle Lal Singh, Khuma assaulted him and Harji assaulted Jabar Singh and they started shouting. When they raised hue and cry, Arjun Singh PW-6, Karan Singh and Chatar Singh PW-5 rushed towards the spot.

(2.) Seeing them all the accused persons alongwith their wives ran away from the place of incident in Chhakara. Thereafter, arrangements were made for transportation of the injured persons for treatment in a jeep and had proceeded towards Jalore. Before they reached Jalore, Lal Singh succumbed to his injuries whereas his father Phool Singh was admitted in the hospital. On the statement, the police had registered a case and proceeded with the investigation.

(3.) The accused were arrested on 26-6-76 and on their information recorded under Section 27 of the Indian Evidence Act, the weapons used i.e., lathis, wooden-case (sic), sticks measuring 38% and one more lathi were recovered from the accused persons. The recovery of the weapons has been proved by PW-12 Kesar Singh and PW-15 Devi Singh, Investigating Officer. The seized articles were sent for chemical examination and Articles 37, 38 and 39 were found containing human blood. The prosecution has examined PW-2 Bherupal Singh, PW-4 Jabar Singh, PW-5 Chatar Singh, PW-6 Arjun Singh and PW-14 Phool Singh as eye-witnesses.