BHOORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Bhoora and others having been convicted under Section 302, read with Section 34, IPC and sentenced to imprisonment for life by the learned Sessions Judge, Balotra vide judgment dated 29-4-1980 have preferred this appeal.

(2.) The occurrence look place on 23-11-1979 in the morning. The facts are that flock of sheep and goats entered the field of Banka (deceased) and started eating "Pala" (fodder). Banka and his son Amra (PW 1) drove the cattle and proceeded for the cattle pond. Seeing this, Bhoora accused came out of his Dhani having lathi in his hand. He followed Banka. Sensing some trouble Meergi (first informant) wife of Banka also followed them. When Banka and Amra along with cattle were going through the field of Girdhari, accused Bhoora, Himta and Roop Singh having lathis in their hands, reached there. They started giving beatings to Banka. Multan Mal resident of Jasol also saw the accused giving beatings. He tried to intervene but the accused continued to give beatings. After giving merciless beating, they went away. The FIR was lodged by Meergi at 6 p.m. on the same day at Police Station, Balotra in which delay was also explained. It was stated that Meergi could not catch bus and therefore, she had to walk on foot. On this report, a case under Section 302 read with Section 34, IPC was registered. The police rushed to the spot, inspected the site and interrogated the witnesses. The post-mortem examination was conducted by Dr. Badrilal Choudhary (PW 5). He prepared the report Ex. P/5. The police recovered the lathis at the instance of the accused. After the completion of the investigation, a challan was submitted.

(3.) The learned Sessions Judge framed charges under Sections 302 and 302/34, IPC. The prosecution examined PW 1 Amra. PW 2 Smt. Meergi, PW 3 Multanmal, PW 4 Doongra, PW 5 Dr. Badrilal Choudhary, PW 6 Deeparam. PW 7 Padma, PW 8 Moda, PW 9 Kishanlal, PW 10 Govind Singh, PW 11 Bhanwar Singh, PW 12 Mag Singh and PW 13 Sheshraj. Accused in their statements under Section 313, Cr. P.C. denied the correctness of the statements of the witnesses. Bhoora accused pleaded that because of the boundary dispute he has been falsely roped in the case. Himata pleaded that because of enmity he has been implicated. Roop Singh pleaded that he had filed a case against deceased Banka as he had given beatings to his servant and hence he has been implicated in this case. Accused examined DW 1 Harchand, DW 2 Khet Singh and DW 3 Idan Singh. The learned Sessions Judge found that all the accused had given merciless beatings to Banka in furtherance of common intention and, therefore, they have committed offence under Section 302, read with Section 34, IPC. He eventually convicted and sentenced them as above.