BHAGIRATH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants Bhagirath, Mishria and Prabhu along with 5 others were tried by the leaned Additional Sessions Judge, Gangapur City for the offences under Sec. 302, 147, 149, 447, 324, 325 and 323 etc. After trial the learned Additional Sessions Judge acquitted the accused Nanga Kishnia, Ghoodia and Kajodia of all the offences charged with. The accused Ramjilal was convicted for the offence under Sec. 324, 447 Penal Code but instead of sentencing him immediately he was given the benefit of Sec. 4 of the Probation of Offenders Act as he was found to be about 17 years of age. Out of the remaining three accused who are the appellants before this Court Bhagirath and Mishria have been convicted under Sec. 302 Penal Code and each of them was sentenced to life imprisonment. Each of them has also been convicted under Sec. 447 and sentenced to two months' rigorous imprisonment. Prabhu appellant was convicted under Sec. 324 IPC, and was sentenced to six months' rigorous imprisonment and a fine of Rs. 100.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of one month. He was also convicted under Sec. 447 Penal Code and was sentenced to two months' rigorous imprisonment. Both the sentences were made to run concurrently. Aggrieved by their conviction, and sentence the appellants have preferred this appeal.

(2.) We have heard the arguments of the learned counsel appearing for the appellants and the Public Prosecutor and have gone through the record of the case.

(3.) The prosecution case, in brief, is that there is a field in village Habibpur bearing Khasra No. 56. Bhagirath accused was the Khatedar tenant of this field but about 56 years ago he mortgaged this field with possession to Ram Sukh (since deceased) and Moolia. Since then this field was being cultivated by Ram Sukh deceased and Moolia. About 11/2 months prior to the occurrence Bhagirath accused asked Ram Sukh to hand over the possession back to him but Ram Sukh demanded the amount of mortgage money in order to hand over the possession back to the accused Bhagirath. It is further alleged that on 23-9-1972 Ram Sukh, Moolia, Chhanga and Panna had gone to look after their Bajra crop but they found accused Prabhu, Ramjilal and Kajodia cutting the Bajra crop. They asked these persons to resist from cutting the Bajra crop. All the accused thereupon called other remaining accused persons who were hiding just nearby. All the accused persons inflicted injuries on Ramsukh on account of which he fell down on the ground. The other members of the complainant party present were also injured. Soon after the occurrence the accused went away. After some time Ramsukh succumbed to his injuries on the spot. The other injured persons i.e. Parma, Chhanga and Moolia remained lying in the field. On the next morning Mohan s/o Moolia came there and found these injured persons lying there and Ramsukh lying dead. He went to the Police Station, Gangapur City and lodged a report. The S.H O. came on the place of occurrence. The site-plan was prepared. The dead-body of the deceased Ramsukh was taken into custody and was got post-mortemed by the Medical Officer of the Government Dispensary, Gangapur City and the other injured persons were also medically examined. The 'lathis' were recovered at the instance of the accused Kamjilal. They were sent for chemical examination. The lathis were found positive for human blood whereas Dantli was found negative. After investigation the 8 accused were challaned to the court of Munsif Magistrate, Gangapur City, who committed them to stand their trial to the court of the Additional Sessions Judge, Gangapur City.