BHAGWATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant No. 5 Bal Krishna @ Khutto having been deceased during the pendency of the appeal it stood abated against him by order dated 30.03.2010.

(2.) All the six accused were convicted under Section 302/149 IPC for the death of Banshi to life imprisonment with fine and default stipulation. They were further convicted under Section 323/149 IPC to three months rigorous imprisonment with fine and default stipulation for the injuries caused to PW-4, Parmanand and under Sections 427, 447 IPC to six months and two months of rigorous imprisonment respectively. Appellant Arti Nandan further stands convicted under Section 148 IPC to three years rigorous imprisonment with fine and default stipulation while the others have been convicted under Section 147 IPC to two years rigorous imprisonment with fine and default stipulation. The sentences have been directed to run concurrently as ordered by the Sessions Judge, Gangapurcity dated 15.04.1985 in Sessions Case No. 57/1983.

(3.) The prosecution version is that PW-4, Parmanand was in his fields at six am on 24.03.1983 which he had taken as share cropper from PW-6, Murlidhar and sown crops. The Appellants came on his lands with their cattle for grazing destroying his crops. The Appellant drove the cattle out of his fields and was taking them to the cattle pen. At this time Appellant Banshi objected and the others also joined in. The assault followed then. Appellant Arti Nandan had an axe and the rest possessed lathis. Appellant Hari and Munshi assaulted the witness on the shoulder with lathi. Appellant Arti Nandan assaulted on the head with the blunt edge of the axe. The other Appellants were standing. The deceased Banshi came to his aid and was assaulted on the shoulder by Arti Nandan with the sharp edge of the axe while Bhagwati and Munshi assaulted on the head with lathi. A written report Exhibit P/8 was lodged by PW-4, Parmanand at 4.45 pm on 25.03.1983 at the hospital. Formal FIR Exhibit P/15 was registered on 26.03.1983. Banshi succumbed to his injuries 64 hours later on 26.03.1983 in the hospital at 10.00 pm. The injury report of PW- 4, Parmanand Exhibit P/9 dated 24.03.1983 conducted by PW-8, Dr. Nandlal found three injuries on his person. The injury report of Bashi, Exhibit P/11 found four injuries on his person. The first injury was an oblique lacerated wound 1 cm x cm x whole skin deep with swelling and fresh bleeding on left side of frontal part of scalp. The second injury was a swelling 2 cm x 2cm on right parietal part of scalp with tenderness. The third injury was oblique incised wound 7 cm x2 cm x 2mm deep on right median side of scapula region and the last injury was swelling of left cheek. Injury Nos. 1 after X-ray was found to be grievous revealing fracture of communicated type of left frontal bone. Injuries 2, 3 and 4 were simple in nature. Injury No. 3 was attributed to a sharp weapon.