BALBIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These are the five appeals; one filed by Balbir being D.B.Criminal Appeal No. 713/2006 arising out of the judgment dated 3.7.06 passed by the learned Addl.Sessions Judge, Rajgarh, Distt. Churu, in Sessions Case No. 29/04 (41/03), whereby accused appellant Balbir s/o Jagu Das was convicted of the offence under section 148 Indian Penal Code with two years' R.1. alongwith fine of Rs. 1,000/- & in default, to further undergo two months' R.1.; under Section 307/149 Indian Penal Code with five years' R.I. alongwith fine of Rs. 2500/- & in default, to further undergo five months' R.I. & under section 302/149 with life imprisonment alongwith fine of Rs. 5,000/- & in default, to further undergo ten months' R.I., all the substantive sentences were ordered to run concurrently. However, Smt.Vedo, Chandravali, Bhateri and Vimla were acquitted of the above charges. Accused Lichhman s/o Jagu Das died during trial and accused Jai Singh is still absconding. This case was relating to FIR No. 189/03, Police Station, Rajgarh. Remaining four appeals are relating to FIR No. 190/03 arising out of the judgment dated 3.7.06 passed by the learned Addl. Sessions Judge, Rajgarh, Distt. Churu, in Sessions Case No. 40/03 (36/03), whereby out of 30, accused Surendra s/o Dharampal was acquitted of the charges levelled against and Kashi Ram s/o Moka Ram died on 22.3.06, therefore, proceedings against him were dropped. Rest of the accused appellants were convicted of the offence under section 148 Indian Penal Code with two years' R.I. alongwith fine of Rs. 1000/- & in default, to further undergo two months' R.I.; under section 302/149 with life imprisonment alongwith fine of Rs. 5,000/-each & in default, to further undergo ten months' R.1.; under section 323/149 Indian Penal Code with one year's R.I. alongwith fine of Rs. 500/- each & in default, to further undergo one month's R.1.; and under section 447 Indian Penal Code with three months' R.I. alongwith fine of Rs. 250/- each & in default, to further undergo 15 days' R.I., all the substantive sentences were ordered to run concurrently. Out of these convicted 28 accused, accused Dilip Singh has filed Appeal No. 623/06; Hanuman has filed Appeal No. 688/06; Prem Kumar, Kundan Ram, Surja Ram and Ajay Kumar have filed Appeal No. 654/06 and remaining 22 accused viz; (1) Jai Singh, (2) Lokram, (3) Dharam Singh, (4) Ramveer, (5) Ashok Kumar, (6) Subhash, (7) Om Prakash, (8) Rajesh Kumar, (9) Chanan Ram, (10) Balveer, (11) Ram Narain, (12) Prabhu Ram, (13) Dhanpat, (14) Jalle Singh, (15) Raghuveer, (16) Nopa Ram, (17) Meer Singh, (18) Bajrang, (19) Shyam Sunder, (20) Ramphal, (21) Jai Prakash and (22) Rambhakt have filed Appeal No. 700/06.

(2.) Since the incident of the case with regard to date, time and place is the same and the learned trial Judge has convicted all of them with the aid of Section 149 Indian Penal Code by holding both the parties as aggressors, therefore, they are being disposed of by this common judgment.

(3.) Both the parties filed their separate FIRs at Police Station, Rajgarh. The author of the FIR No. 189/03 is Jai Prakash in D.B.Cr.Appeal No. 71306 filed by accused Balbir s/o Jagu Das in which it is alleged that on 6.7.03 at 11.15 A.M., accused persons came at the deity land of village Rohi, which was earlier cultivated by Dharam Singh and his family and last year, it was cultivated by Mandir Vikas Samiti of the village. In the morning at 7.30 A.M., Dharam Singh, Bhailal, Dhanpat, Rambharat, Phul Singh, Balbeer s/o Sher Singh, Subhash, Karan Singh etc. alongwith Jai Singh, Dhanpat, Meer Singh, Shyamlal, Balveer r/o Mithi Redwal went for cultivating the land on tractor. When they started cultivating, Dharam Singh s/o Jagu Ram with rifle, Jai Singh s/o Dharam Singh with rifle, Omprakash s/o Dharam Singh, Sahi Ram, Balveer & Kashi Ram, all sons of Jagu Das, Badama widow of Jagu Das and wives of Dharam Singh, Balveer and Kashi Ram r/o Mithi Redwal came with ' kulhari', ' pharsi' and lathis etc. and attacked on them. Jai Singh fired at him, which hit his left thigh. Thereafter, Balveer s/o Sher Singh, Subhash s/o Mahendra Singh and Karan Singh s/o Hazarilal were also fired by Dharam Singh and Jai Singh, which hit Karan Singh, Balveer and Subhash with the result, the blood came out. Thereafter, they went to the hospital, where Karan Singh died. Dharam Singh etc. fired in order to kill them and they were all injured. Upon this report, the police registered the case u/ss.302, 307, 324, 323, 147, 148 & 149 Indian Penal Code and Section 27 of the Arms Act vide FIR No. 189/03. The police arrested the accused and started investigation. After investigation, the police filed challan against seven persons viz; Lichhman, Balbir s/o Jagu Das, Vedo, Chandravali, Bhateri, Vimla and Jai Singh under sections 302, 307, 323, 147, 148 and 149 and Section 27 Arms Act. Lichhman died during trial and Jai Singh was absconding, therefore, challan under section 299 Criminal Procedure Code was filed against him. Accused were charged u/ss.148, 302/149 and 307/149 Indian Penal Code. The prosecution examined 17 witnesses. The statements of the accused were recorded under section 313 Criminal Procedure Code . They produced Girdharilal, DW-1 in their defence. After hearing the arguments, the learned trial Judge acquitted lady accused viz; Vedo, Chandravali, Bhateri and Vimla but convicted the accused appellant Balbir S/o Jagu Das as above.