KANHALYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 29th July, 1987 rendered by Sessions Judge, Ajmer, whereby the appellants Kanhaiya Lal, Ram Prasad, Jagdish, Nathu and Manohar Das were convicted in the offences under Sections 326 read with Section 149 and 147 of IPC and sentenced as under:

(2.) THE nub of the appellants' story is that: On 21st August, 1984 at about 9:30 a.m. the complainant was taking his bullocks to his field. He was followed by his brother Ladu. When the two brothers reached the bank of Motisagar juxtaposed to the field of Deo Karan, they were accosted by 3 -4 persons who came out of Babool trees. Four persons appeared from the field of Maize and four came from the front. All these 13 persons were armed with naked sword, axe and clubs. It is alleged that all the 13 accused persons assaulted upon Ladu with swords amputing fingers and thumb of left hand and four fingers of his right hand. Three toes of the right foot of Ladu were also injured with the sword. Rest of the accused are alleged to have caused injuries with lathe blows. It is further alleged that these 13 accused persons thereafter, chased the complainant Shiv Dayal but he protecting himself jumped into a water tank and -escaped from there. This incident was witnessed by Chhotu Lal Kalal of Kerot, Kalu Gujar of Sampla and the complainant's brother Kailash who was grazing his buffaloes nearby. When all the accused persons fled from there, the injured Ladu came back to his house from where he was taken by his brother in a bullock cart to Kekri. Ladu was medically examined in a Government Dispensary, Kekri. The complainant Shiv Dayal gave an oral report at the police station Kekri, whereupon, an unnumbered FIR Ex. P/1 was recorded. This unnumbered FIR was sent to police station Bhinai where FIR Ex. P/2 was lodged on 22.8.1984 and investigation commenced.

(3.) THE accused persons were indicated for the offences under Sections 147, 307, 326 and 324 read with Section 149 of IPC who pleaded not guilty and claimed trial. In order to further its version, the prosecution examined as many as 16 witnesses. In their explanation under Section 313 of Cr.P.C. all the accused appellants claimed their innocence. The accused appellants adduced 7 witnesses in defence and after completion of trial, 12 accused persons were convicted and sentenced in the offences under Sections 326, 148, 326/149, and 147 of IPC. The five accused appellants were convicted and sentenced as indicated hereinabove.