MANGI LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is against the judgment and order dated 20.2.2006 passed by the Court of learned Additional Sessions Judge (Fast Track) No.2, Bikaner in Sessions Case No.17/2004 by which the learned trial court convicted the three accused appellants as under:- <FRM>JUDGEMENT_190_LAWS(RAJ)4_2008.html</FRM>

(3.) As per the prosecution case, on 23.10.2003, injured complainant Karni Singh gave an oral report at the Police Station Chatargarh and as per his information, one dispute was going on in relation to some agricultural land with Sheopat Ram since last 5 years and in that matter, the case was decided in favour of the complainant. The complainant was living in the said agricultural land in his Dhani with his family. On the date of incident, they went to take the crop of Gwar. At that time, his brother Peerdan Singh and Vimla were also with him. At about 12-12:30 PM, Sheopat Ram came with Barchi. Seeing Sheopat Ram with Barchi, the complainant, Peerdan Singh and Vimla tried to run away, then Mangi Lal, Jetha Ram and Mangi Lal's wife came from the other side. The complainant, Peerdan Singh and Vimla when tried to run in another side, then Sheopat Ram hit with the reverse side of Barchi upon Peerdan Singh who fell down. Complainant and Vimla tried to rescue Peerdan Singh. At that time, Sheopat Ram inflicted 2-3 more blows on the complainant's brother Peerdan Singh. The complainant tried to snatch the lathi from the hands of Sheopat Ram's wife. At this time 4-5 more persons came with guns, lathies and gandasies. One of the person fired upon them. Thereafter, Sheopat Ram inflicted injury from the reverse side of the Barchi on the complainant's hand resulting into breaking of the hand of the complainant. Thereafter all the accused started beating Peerdan Singh and complainant with lathies and gandasies. Vimla ran away from the scene of occurrence. Hearing cries, neighbours Guman Singh and Chandra Singh came on the spot but fearfully they did not intervene. Thereafter, accused took Peerdan Singh to the dhani of the accused and there also, they gave beatings to him by lathies. As per the complainant, his brother Peerdan Singh died in the dhani of Sheopat Ram. Complainant's sister when informed other villagers, then Suresh and Barkat came on the spot but they also went back.