GANGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these appeals arise out of a common order and therefore, they are disposed of by this common order. The learned Additional Sessions Judge, Hanumangarh by his order dated 29. 4. 1976 convicted accused appellants Ganga Ram and Bhajansingh under Section 302 I. P. C. and accused appellants Bootaram, Pritamsingh and Chanansingh under Section 302 read with Section 149 I. P. C. and sentenced them to imprisonment for life with a fine of Rs. 100/- and in default of payment of fine to undergo further rigorous imprisonment for two months. Accused Bhajansingh was also convicted under Section 324 I. P. C. and accused Gangaram, Pritamsingh, Chanansingh and Bootaram were also found guilty under Section 324 read with Section 149 I. P. C. and sentenced to 1-1/2 years rigorous imprisonment. All the five accused appellants were also found guilty under Section 148 I. P. C. and they were sentenced to one year's rigorous imprisonment. The learned Additional Sessions Judge further found the accused appellants guilty under Section 323 I. P. C and sentenced them to one year's rigorous imprisonment. All the substantive sentences were directed to run concurrently.

(2.) THE facts giving rise to this case are that in Chak No. 5 B. P. M. Sardargarh is situated about 30 miles away from Police Station, Suratgarh. In this Chak, the agriculturists get irrigation through Panchayat Bari. For management of this Panchayat Bari two Mirabs (for maintaining the distribution of water) were appointed. P. W. 3 Palasingh was appointed as Mirab for half of the chak and for the remaining half of the chak Bootaram was the Mirab. On 25. 3. 1975 the accused persons were getting the irrigation according to their turn and it was scheduled to be over by 6 P. M. P. W. 3 Palasingh told the accused that since their turn of water is over at 6 P. M. and now it is the turn of Tarachand P. W. 1, but the accused did not take any notice of it. THEreafter at 9. 30 P. M. Palasingh P. W. 3 along with his brother Modu PW. 2 and Bachansingh their Siri went to P. W. 1 Tarachand for getting regular water supply. THE accused called them to take the account of water as we have summoned the Panchayat. When P. W. 2 Modu and P. W. 3 Palasingh along with their Siri Bachansingh deceased reached near the field of Ramu in Kila No. 11 accused Chanansingh shouted that enimies have come so beat them. THEreupon, accused Chanansingh came with saila and assaulted Modu. Bhajansingh was armed with a Gandasi and he hit Modu on his legs. THEreafter, accused Gangaram and Bhajansingh surrounded deceased Bachansingh and started beating him. Accused Gangaram hit him on his head and Bhajansingh hit him on his hand with Gandasi. Accused Pritamsingh and Bootaram assaulted P. W. 3 Pala-Singh. It is alleged that Bachansingh fell down and died on the spot. It is further alleged that the accused persons took Modu to Karwali Dhani and further assaulted and thereafter left him at Jetsar. THEreafter, P. W. 2 Modu reached at Police Station, Suratgarh in the jeep of one Gopi and filed the first information report on 26. 3. 1975 at 9. 30. On this a case was registered against the accused persons and the investigation was taken up. THE Investigating Officer reached at the scene of occurrence and sent the body of the deceased Bachansingh for post mortem. THE injuries of P. W. 2 Modu and P. W. 3 Palasingh were also examined. After close of necessary investigation, the accused persons were charged under Section 302, 307/149 and 148 I. P. C. THE case ultimately committed to the court of Sessions and the accused persons Gangaram and Bhajansingh were charged under Section 302, 307 read with Section 149 and 148 I. P. C. Accused Chanansingh, Pritamsingh, Bootaram were charged under Sections 302 read with Section 149, 307 read with Section 149 and 148 I. P. C.

(3.) THE accused Bhajansingh is given benefit of probation and he shall execute a personal bond in the sum of Rs. 5000/- with two sureties in the sum of Rs. 2,500/- each to the satisfaction of the learned Additional Sessions Judge, Hanumangargh for maintaining peace and be of good behaviour for a period of two years and to receive the sentence as and when called upon to do so. He is on bail, he need not surrender. One month's time is allowed to him to furnish the personal bond and sureties.