KUNDAN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Kundan, Nandi, Chhitar, Sardar and Ghinsada against the judgment of the learned Additional Sessions Judge, Gangapur, dated the 31st of August, 1957. The learned Judge has convicted Kundan and Nandi under Sec. 30', IPC. read with sec. 34, IPC. and sentenced them to eighteen months' rigorous imprisonment and a fine of Rs. 100/- each, Chhitar, Sardar, Ghinsada have been convicted under sec. 323, IPC. and sentenced to three months' rigorous imprisonment and a fine of Rs 25/- each.

(2.) ACCORDING to the prosecution, there is a piece of land separated by a path from the house of Kundan accused in the village of Pahari within the Police Station Mahuwa of District Sawai Madhopur. This land had been in possession of Ruggi for quite a number of years and he had a platform of his thereon. Two years before the date of occurrence, which is the 18th of August, 1956 the said platform had ceased to exist Four or five days before the date of occurrence, Kundan had begun to tie his cattle upon this piece of land and Ruggi had been protesting against the action of Kundan. On the date of occurrence at about 7. 00 A. M. , Ruggi again went to the spot and said that he should not tie his cattle on that land. Kundan replied that he would continue to tether his cattle there and saying this, he, along with Karan, Nandi and Chhaju, who were sitting at Kundan's house at that time, went to that piece of land, armed with lathis and dealt lathi blows to Ruggi injuring him on the head and one of his arms As a result of the injuries, Ruggi fell down. His brother Kamal seeing this, came to the sopt to help Ruggi, whereupon Kundan called other person and Jagan, Chhitar, Sardar, Ghasida, Gaddal, Phirangi, Dharma, Surgyan, Papiya and Bodan came to the spot, armed with lathis and began to give beating to Kamal and also to Ghisa Ramjilal and Malkhan, who had been attracted to the scene to save Kamal and Ruggi. Thereafter, all the accused retreated from the spot. Ruggi was taken in a bullock cart along with Kamal to the Police Station Mahuwa where the first information report was lodged by Ramjilal. All the fourteen accused were named in that first information report. Ruggi died the same evening. Before he had died, his medical examination as well as that of Kamal, Ramjilal, Malkhan and Ghisa had been made by the Medical Officer Shri Bal Raj of the Mahuwa Dispensary, After his death, pos|t mortem examination of the body of Ruggi, hereinafter to be referred to as the deceased, was made by Dr. Bal Raj on the 19th of August, 1956. Ail the accused were arrested and it was found no medical examination that Kundan and Nandi had also one injury each. After the completion of the investigation, the Police challanged all the fourteen accused under Secs. 148 and 302/34, 325 and 325, I. P. C. , in the Court of the Munsiff Magistrate, Hindaun, who committed Kundan, Karan, Nandi and Chhajju to take their trial under sec. 304, Part One, IPC and the remaining ten accused to take their trial under secs. 147 and 325 read with 149, IPC. in the court of the learned Additional Sessions Judge, Gangapur. In the court of the Additional Sessions Judge, on the motion of the Public Prosecutor, charge sheet was amended and the four accused Kundan, Nandi, Karan and Chhajoo were charged under sec. 304, Part One, I. P. C. read with sec. 34, I. P. C.