DHANSI SARDARA AND LEELA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal directed against the judgment dated 20 -7 -1980 passed by the Additional Sessions Judge No. 2, Alwar whereby the accused appellants have been convicted and sentenced as under:

(2.) BRIEFLY stated, the facts of the case are that, a challan was presented by the police on a First Information Report lodged by Behari at the police station Sansur (District Alwar) for the offences under Sections 147, 323, and 447 IPC, against the accused -appellant, In this FIR it has been stated that the informant, Behari, and Mangu PW 3) were allotted land bearing Khasra No. 228 situated in village Mangalpur measuring 3 Bighas in each case in the year 1976, and since then both of them were cultivating the agricultural land having their possession over it. How ever, in the year 1979 in Rabi crops they had sown mustard products and when the harvest has been ready to reap, both of them are alleged to have gone to the field in order to reap the harvest, along with their labourer, Bansi PW 1, Latoor PW 9 and Shriram PW 10, and while all of them were reaping mustard product in Mangu's field, Dhansi, Leela Sardara (accused -appellants), Mst. Patasi, Rameshwar and Chajuram duly armed with weapons axe with Mst. Banarsi, Bantali with Mst. Patasi and lathies order accused's hands) reached there saying not to reap the crop of mustard as of theirs to which the informant and the complainant party resisted Thereupon, all of them (accused named above) started beating complainant and his companions with lathies. It has been stated in the report that in this beating, Mst. Banarsi inflicted axe blow on the informant's neck; Rameshwar (now dead) inflicted a blow of axe (snatched from Mst. Banarsi) on the informant's right hand, lathi blow by Dhansi caused injury on Rameshwar's left hand Man2u and Latoor were mode unconscious by inflicting blows with lathies and axe by the accused on their persons that apart, Sardara is alleged to have inflicted lathi on Shriram's left hand. On hearing bullabaloo, Munna and Prahlad and Prahalad are alleged in the report to have reached the spot and Latoor, Mangu, Banshi, Shriram, and Behari are alleged to have sustained injuries in this occurrence; and since the injured Latoor was serious, he was taken to the hospital at Bansoot.

(3.) THE learned trial Court framed charges against the accused for the offences under Section 148, 307/149, 325, 325/149, and 323. IPC. A look at the charge sheets framed by the trial court against the accused, shows that no charge against the accused persons was framed for the offences 147, 447 or Section 34 IPC or Section 307 read with Section 34, IPC or 149 IPC. The accused persons denied the charges and claimed to be tried.