BANSHILAL AND OTHERS Vs. STATE

JUDGEMENT

(1.) These two appeals arise out of the judgment of the learned Addl. Sessions Judge, Baran convicting the accused appellants under Sections 148,302/149. 326/149, 3 24/149 and 323/149, Penal Code and sentencing them to various terms of imprisonment as under: <FRM>JUDGEMENT_93_LAWS(RAJ)8_1987.html</FRM> In default of payment of fine of Rs. 500.00 under each of the above counts, each accused appellant has been ordered to undergo one fourth of the sentence awarded to him for each offence.

(2.) There is a field bearing Khasra No. 53 measuring 8 Bighas and 3 Biswas in village Mouza Moondla Pachelkala in District Kota. This land was mortgaged with possession to accused persons by Mst. Gordhani widow of late Tejmal and his two sons Surajmal and Prahalad, and the accused persons had been cultivating the same since then. On 20.8.80 Rambilas (PW 7) submitted a written report (Ex.P. 18) which was chalked out as an earlier FIR (ExP.19) at 6-40 PM. stating therein that half portion of the land in Khasra No. 53 had been mortgaged with possession by Smt. Gordhani and her two sons for a consideration of Rs. 800.00 in favour of accused Na'hulal. Some revenue proceedings were going on between the parties. It has further been mentioned that Surajmal and Prahalad had sown Til crop a few days back. On the day of the incident at about 11-12 AM, 19 persons went to the deputed land armed with weapons and started ploughing the field by tractor. The complainant party reached the spot and asked the accused party not to cultivate and to stop ploughing by the tractor. On this, accused Banshilal and Chitar abused them and asked the complainant party to leave the field, otherwise they will kill them. But, when the complainant party resisted and did not allow the tractor to proceed, the accused inflicted injuries to Surajmal and Prahalad, as a result of which both of them died.

(3.) The police registered a case under Secs 147, 148. 149, 323, 324, 307 and 302, Penal Code and Sec 34, IPC- After usual investigation, the case was challaned in the court of the Magistrate, who committed the case to Sessions for trial, and the learned Addl Sessions Judge, Baran convicted the accused appellants, as stated above, and acquitted 12 accused person.