SONI MALI AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is quite an old appeal, filed way back on 03.08.1985 by the accused-appellants challenging the judgment and order dated 31.07.1985 passed by the Court of Sessions Judge, Jhunjhunu (for short 'the trial court') whereby the accused appellants were convicted and sentenced in the manner indicated below: <FRM>JUDGEMENT_252_LAWS(RAJ)3_2018_1.html</FRM> All the sentences were ordered to run concurrently.

(2.) During pendency of present appeal, two of the accused appellants namely Smt. Shanti and Tejaram expired and therefore present appeal in their respect was taken to be abated by this Court vide its order dated 07.04.2010. Thereafter, it was informed that appellant namely, Smt. Banarsi had also expired. This Court vide order dated 01.08.2017 directed Chief Judicial Magistrate, Jhunjhunu to hold an inquiry regarding factum of death of Smt. Banarsi. Chief Judicial Magistrate, Jhunjhunu vide its letter dated 08.09.2017 has informed that Smt. Banarsi expired on 30.04.2012. He has also sent certificate dated 05.09.2017 issued by Sarpanch, Gram Panchayat Singhana, Panchayat Samiti Buhana, Jhunjhunu as also photo copy of death certificate of Smt. Banarsi, which are taken on record. In view of above, present appeal also stands abated qua accused-appellant Smt. Banarsi. Now present appeal survives only against 12 appellants and the same is being decided on merits.

(3.) Facts of the case are that a civil dispute about the right of way through the field of the accused persons was pending in the court of the Munsiff Magistrate, Khetri between the parties. In the said suit, the learned Munsiff Magistrate appointed a Commissioner to make inspection of the site and to make a report. It was alleged that when the Commissioner left the village after inspecting the site, an incident of 'marpit' took place between the parties. It was alleged that all the 17 accused persons, which included the 15 appellants and two minor children, who after the completion of the trial, were ordered to be sent to children court, assaulted the members of the complainant party. In the said incident, from the side of the complainant Banwari S/o Shimbhu sustained four injuries and died. Besides Banwari, Sheolal S/o Shambhu was alleged to have sustained two simple injuries by blunt object, Smt. Lichhmi W/o Umda Ram sustained injury by blunt object weapon, simple in nature, Durga Ram S/o Shambhu sustained one injury by blunt object, simple in nature; Bhata Ram, sustained 3 simple injuries by blunt object, Chhanga Ram sustained one abrasion by blunt object, simple in nature and Smt. Parmeshwari sustained two contusions by blunt object, simple in nature. One of the injuries on the little finger of Durga Ram was opined as grievous on X-Ray examination. It is was further alleged that in the said incident, as many as 6 accused persons sustained number of injuries on their person. Smt. Soni W/o Teja Ram sustained five injuries, which included one lacerated wound on the middle of head, Leela Ram appellant sustained two injuries, Bajrang sustained four injuries, which included one lacerated wound on the middle of head, Smt. Parli sustained 3 injuries including one lacerated wound on the front of Right Leg, Smt. Shanti W/o Sheo Chand sustained four injuries including an injury on the temporal region, Smt. Bimla sustained one injury. One of the injuries sustained by Smt. Shanti was found to be grievous on X-Ray examination.