GHASI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GHASI and others have preferred their appeal No. 452/79, and the State of Rajasthan has filed D.B Cr. Appeal No. 20/80. Both the appeals arise out of the same judgment dated 6th July, 1979, passed by the Sessions Judge. Bundi, whereby, he convicted and sentenced the accused persons as under:

(2.) ACCORDING to the prosecution -story, the accused persons having formed an unlawful assembly, with a common object to commit murder of Lala and cause injuries to other persons, forcibly occupied the field belonging to the complainant -party, and went to field, at about 8 a.m. on 18th July, 1978. The complainant -party was busy at their field looking after the vegetables. At that time, the accused persons reached there armed with Gandasi, axe, sword and Lathi, and started plucking Bhindis (ladies -fingers) when they were obstructed by the complainant -party, the accused persons inflicted Gandasi blows to Bhanwar Lai and Gordhan. Gordhan ran away. The accused persons then started beating Lala, who also ran away into the house, but, he was chased there by the accused persons and was gtven mercilless beating by them. Mst. Kailashi, wife of Lala, Mst. Nandu, his mother, Mst. Kali and his Bhabhi when tried to save him, they were also beaten up. Mst. Kailashi lodged a report at the police station, where, she narrated the incident and stated that the beating was still going on.

(3.) THE SHO, after completing the usual investigation, submitted a challan against 10 accused persons. It is pertinent to note here that in the FIR (Ex. P 4). Mst. Kailashi mentioned the names of seven accused persons only. Later on, during investigation, the police found three more persons involved in the case, and so, they submitted the challan against 10 persons.