CHAMPALAL AND SIX OTHERS Vs. STATE

JUDGEMENT

(1.) This Appeal has been directed against the judgment dated 18.7.96 passed by the Additional Sessions Judge, Jhalawar, whereby he convicted appellants (1) Champalal, (2) Chhitarial, (3) Ramkalyan, (4) Kesrilal, (5) Parmanand, (6) Banshilal and (7) Babulal for offences under Sections 147, 148, 449, 302/149, 324/149 & 323/149, Indian Penal Code, and sentenced each one of them as under:

(2.) Now briefly the factual matrix. It appears that in the evening of 18.10.1991 deceased Nontiram, who is resident of village Devari Khurd had come to the house of his brother in-law (sala) Mangilal in village Khejra to celebrate Dashera festival. On that day at about 9.10 PM. he alongwith his mother-in-law Bhuli Bai (PW 3) & Mangilal (PW 2) was taking meals on the roof of the house. At that time, appellant Champlal came in front of the house of his brother and asked the latter and the deceased to come out of the house. Mangilal told him that they shall be coming after finishing their meals. It is alleged that thereupon appellant Chhitarlal, who was armed with a Gandasi (Farsi) asked appellants Champalal, Ramkalyan, Kesrilal, Parmanand, Banshi Lal and Babulal to enter into Mangilal's house and thereupon all the appellants climbed over the roof of Mangilal's house. At that time, appellants Champalal and Chhitarlal were armed with Gandasi (Farsies) while rest of the appellants had lathies. It is alleged that appellant Chhitarlal dealt a Farsi blow on the head of Mangilal, while appellants, Kesrilal and Banshilal gave lathi blows causing injuries on his right leg and left thigh respectively. Appellant Champalal also dealt a 'Farsi' blow on the head of. deceased Nontiram, while appellants Keshrilat and Banshilal dealt lathi blows causing injuries to Nonti Ram on the back side of his right palm and head respectively. Thereafter all the appellants caused multiple injuries to Nontiram, Bhulibai (PW 3) and Balibai (PW 4), who are the mother and wife of Mangilal respectively, intervened and thereupon the appellants fled away. It is alleged that PW 2 Mangilal went to village Devri Khurd which is situated about 2-3 furlongs from village Khejra and informed PW 7 Kesrilal and PW 8 Govindram, who are the cousin and uncle respectively of Nontiram and asked them to go to the police station. It is further alleged that since no means of transport was available in the night, injured Nontiram was taken to police station Javar next morning but in the way, he succumbed to his injuries.

(3.) It is the case of prosecution that a day prior to the incident, deceased Nontiram had scolded his brother-in-law (sala) appellant Chhitarlal, who neglected to provide meals to Smt. Bhulibai. On 19.-10.91 at 8.30 A.M., P 2 Mangilal lodged an oral report about this incident to PW 13 Abdul Aziz SHO PS Javar, sho drew first information report Ex.P. 2 and registered the case. Abdul Aziz prepared inquest report Ex.P 3, rushed to the place of occurrence and prepared site plan Ex.P 13. He lifted sample of blood stained soil and control sample from the public way near the house of Mangilal. He, however, did not find any blood on the roof of house of PW 2 Mangilal. PW 13 Abdul Aziz seize and sealed aforesaid samples vide memoes Ex.P 11 & P 12.