KHILLI AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Khilli, Masna alias Mawasi, Chiranji, Hukam, Sohan Lal, Ghan-Syatn and Parsadi were tried by the learned Sessions Judge, Bharatpur in connection with an occurrence which took place on Oct. 5, 1973 at 5 p.m. in front of the house of Khilli accused which is situated at a distance of 3 miles from the Police Station, Nadbai. In the course of that occurrence Kajodi (since deceased) sustained 7 injuries, out of which one was found to be grievous caused by sharp edged weapon and the rest were simple caused by blunt object. PW 1 Jhamman sustained 4 injuries, out of which two were grievous and two were simple. Both the grievous injuries were caused by blunt object. PW 8 Man Singh sustained three injuries which were simple in nature. Kajodi succumbed to his injuries on Oct. 6, 1973 at 4.45 p.m. in Government Hospital, Bharatpur. First information report Ex. P/l, a written report of this occurrence was lodged by PW 8 Man Singh at the Police Station, Nadbai on Oct. 6, 1973 at 2.30 a.m. Accused Chiranji, Khilli and Msana alias Mawasi are real brothers. Accused Hukam is son of Khilli and accused Ghanshyam and Prasadi are nephews of Chiranji, Khilli and Mawasi and accused Sohan Lal is their sister's son.

(2.) Tersely speaking the prosecution case as disclosed at the trial is that PW 8 Man Singh author of the first information report and his father Kajodi (since deceased) were coming from Nadbai to their village Chhitrai on the fateful day after making purchases. They reached at 4-5 P. M near their field known as Chamaadwala in which the millet crop was standing, to their great annoyance they found a cow of accused-appellant Khilli grazing in the field. They took the cow to the house of Khilli. At that time accused Khilli was enjoying Hukka in the company of the accused-appellants. Man Singh and his father Kajodi (since deceased) remonstrated accused Khilli for letting loose his cow in their field. Being infuriated by the remonstration Khilli and his associates pounced upon PW 8 Man Singh and Kajodi (since deceased) and surrounded them. At that stage PW 1 Jhamman, PW 2 Soni, PW 3 Ram Kishore and PW 7 Ratan also reached on the scene of the occurrence hearing the hue and cry and they saw the accused inflicting injuries on the person of Kajodi (since deceased) and Man Singh. Jhamman tried to intervene, but he was also not spared. As already stated above Kajodi succumbed to the injuries on the next day. The autopsy on the dead body of Kajodi was performed by PW 10 Dr. D. P. Mishra. The postmortem report is Ex. P/23. PW 1 Jhamman and PW 8 Man Singh were also clinically examined by the same doctor on the same day and their injury reports are Ex. P/21 and Ex. P/22 respectively. Injuries sustained by Jhamman were suspected to be grievous and as such he was sent for X - Ray examination. C. W. 1 Dr. G. K. Chaudhary, Radiologist, Government Hospital, Bharatpur noted that out of the injuries sustained by Jiiamman two were grievous. The police after usual investigation submitted a challan against all the seven accused-appellants in the Court of Additional Munsif Magistrate, No. 1, Bharatpur. The learned Magistrate committed all the accused to take their trial in the Court of the Sessions Judge, Bharatpur.

(3.) The accused pleaded not guilty to the charge and the prosecution examined ten witnesses, out of whom PW 1 Jhamman, PW 2 Soni, PW 3 Ram Kishore, PW 7 Ratan and PW 8 Man Singh were examined as eye witnesses. PW 9 Beni Madhav is the Investigating Officer of the case. PW 10 Dr. D. P. Mishra was examined to prove the post mortem report Ex. P/23 and the injury reports Ex. P/21 and Ex. P/22. C.W. I Dr. G. K. Chaudhary, Radiologist, Government Hospital, Bharatpur was examined as court witness.