MADHO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement dated 7.2.1987 passed by Additional Sessions Judge, Baran in Sessions Case No.113/1983 whereby accused-appellant Heera Lal has been convicted for offence u/s.302 IPC and accused-appellants Madho, Kanwar Lal and Chhitar have been convicted for offence u/s.302/149 IPC. They are sentenced to life imprisonment with a fine of Rs.500, in default whereof, to further undergo rigorous imprisonment of three months. Accused-appellant Kanwar Lal has also been convicted for offence u/s.324 and accused-appellants Madho, Chhitar and Heera Lal have been convicted for offence u/s.324/149 IPC and sentenced to two years' imprisonment with a fine of Rs.100 each, in default whereof, to further undergo one month's rigorous imprisonment. All the accused-appellants are also convicted under Section 148 IPC and sentenced to rigorous imprisonment of one year each. All the sentenced were ordered to run concurrently.

(2.) Facts of the case are that on 08.06.1983 Parasram Son of Heera Lal Banjara submitted a written report at police station Mothpur against the six accused persons namely; Bheru Lal, Gulab, Madho, Kanwar Lal, Chittar and Heera Lal. As per the prosecution case, the family of the complainant went outside the village for earning their livelihood and they gave the land namely; 'sundiwale field' to one Kanhaiya Lal on crop sharing basis for cultivation. These persons returned to the village after 5-6 years.

(3.) When the complainant party left the village, after that accused appellant Bhyeru Lal Gurjar was cultivating the field. In the morning of the date of occurrence, the complainant and his father went to cultivate the field. When they were ploughing the field at about 11.00 AM, all the named six accused persons came there with 'lathies' and 'gandasis' and asked them why they are cultivating the field. The complainant told that the field belongs to him and he has got the patta on his name. Bheru Lal thereafter abused and gave 2-3 blows to his father. The complainant also tried to intervene, them Bheru Lal, Kanwar Lal and Heera Lal gave beating to him as well. His father ran away from the place of occurrence due to fear and did not return till the time of lodging of the FIR. The complainant mentioned that he does not know that where he has gone. As per his case, Morpal and one Kanwar Lal were going to take bath on the river at the time of the occurrence and they have witnessed the same. The police on the basis of this information, registered the case against the accused appellants for offences under Sections 147, 148, 149, 307 and 323 IPC.