BHANJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 13.4.09 passed by the Additional Sessions Judge (Fast Track), Dungarpur in Session Case No.34/08, whereby the accused appellants have been convicted for offences under Section 341 and 302/34 IPC and sentenced as under:

(2.) The prosecution story as unfolded during the trial may be summarized thus: Kaduwa Parmar, resident of village Kolkhanda Fala Punela had five sons; namely, Shanker, Bhanji, Mohan, Mahipal and Sukhlal. Mahipal, Bhanji and Sukhlal were residing with their father, Shanker alongwith his family was residing in his own house and Mohan alongwith his family was residing at Ahmedabad. No partition of the existing joint family land was effected amongst the brothers, however, Shanker was given two agriculture fields to earn his livelihood and other lands were being looked after his remaining brothers. The brothers of Shanker would always pick up quarrel and ready to beat him, lest he should be given any land.

(3.) On 22.3.08, Smt. Sharda had given oral information to the police that on the occasion of Dhulandi (Holi) Festival, her husband went to the field from where around 6 O'clock in the evening, he was returning bare foot to home. She was inside her home, at that time, her brother in law in connection with the land dispute came shouting that "Shankariya, we will spare you today". On listening this, she came out from her home and saw that her brother in law Bhanji and Mahipal were armed with iron pipe and lath (stick) respectively. When her husband reached in front of her home near Kanti's agriculture field, at that moment, Mahipal with an intention to cause death of her husband, gave a lath blow which was inflicted on the back. Bhanji gave blow with the pipe on his head. Shanker fell down on the spot. After falling down, both the brothers pelted stone on her husband, on raising hue and cry, Devaram s/o Lalu, her brother in law Sukhlal (brother of Shanker) came there, who tried to rescue him but his brothers did stop there and dragged him upto their house. Due to blows by lath and stones, blood oozed out and clothes of her husband fell in the field. On screaming by Devaram and her brother in law Sukhlal, other persons from village also reached there. On seeing them, both the accused fled away. On her taking care of her husband, he was found dead. She stated that Bhanji and Mahipal had caused death of her husband by causing internal and external injuries with lath, pipe and stone blows.