STATE Vs. ADRA

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of Adra and 21 others by the additional Sessions Judge of Sirohi for offences under Sections 148, 302, 324 and 323 read with Sections 149 of the Indian Penal Code.

(2.) THE case relates to an incident which took place on the morning of 6th of september 1954 at village Manora. It arose out of a dispute about a field called keringwala Jao. The area of this Jao is over 40 bighas. There is no fencing round the land and there is no building -- Kutcha or Pucca -- on it; nor is there a well on this land.

(3.) THE prosecution case is that this land was cultivated by Adra and other accused up to the 22nd of July 1954. On the 22nd of July, Chatra went to the field and objected to its cultivation by the accused. On that day six of the accused had gone to plough that field, namely Ransa, Lakha, Bhoma, Poonma, Veera and Bhika. Four other accused, namely Jama, Vadia, Jesa and Thana were also present at the field. Chatra and his three sons, Taga, Poonma and Loomba went to the field and objected to the accused ploughing it. The claim, which they put forward, was that chatra's father had mortgaged this field in Samwat 1956 to the accused for 40 years and as the period of mortgage had expired, Chatra wanted to get back the field and, therefore, went with his sons to slop the accused from ploughing. The accused, who were present on the field, did not throw out Chatra and his sons and decided to leave the field. The prosecution case further is that on the very next day Jesa filed an application be-fore the Sub-Divisional Officer, Sirohi, under the rajasthan (Protection of Tenants) Ordinance 1949 (No. IX of 1949 ). In that application, he said that he had been ejected from the field and should be put back in possession. Notice of that application was given to Chatra and others and they appeared before the Sub-divisional Officer. Then on the 5th of August 1954, Jesa withdrew this application with permission to file a fresh application on the ground that other persons, who had interest in the field, had not joined with him in the application of 23rd of July 1954 and, therefore, it might be dismissed on account of that legal defect. Permission to withdraw the application was given with the right to file a fresh application and Rs. 5/- were allowed as costs to chatra and others. Nothing happened thereafter till the 6th of September. The prosecution case further is that on 6th of September, the accused went to the field again to plough it. Some witnesses say that six accused went in advance with ploughs, while others followed shortly after with arms; while others say that all the 22 went together with ploughs and arms. They were seen by Sawa going that way and they told Sawa that they were going to plough that field. Sawa then went to chatra and told him about it. Thereupon, Chatra and Sawa went to the field to stop the accused from ploughing it. On reaching the field, Chatra sat in front of the ploughs and would not allow the land to be ploughed. Thereupon, some of the accused caught hold of him and began to beat him. He fell down injured and became unconscious. The prosecution evidence further is that sawa was also beaten and that Taga, Poonma, Rawta and Lumba P. Ws. came one by one to intervene and were beaten down. Of these, the injuries received by rawta proved to be fatal. The matter was reported in the Thana through Kapura, who was also an eye-witness of the incident. Kapura had left the spot before the fight was over and, therefore, there is no mention in the report of Rawta's death. Thakur Motisingh, Jagirdar, who had sent kapura to make the report, however, himself arrived at the Thana shortly afterwards and reported that Rawta had died. Consequently, a case under section 302 and various other sections of the Indian Penal Code was registered and the sub-Inspector came to the spot to investigate the matter.