STATE Vs. BHABHOOTMAL

JUDGEMENT

(1.) THIS is an appeal by the State directed against the judgment of the learned Sessions Judge, Pali, dated March 9, 1971 whereby the respondents except respondent Chunni Lal were acquitted of the offences under Sections 148, 302/149 and 201/149 Indian Penal Code. Respondents Jethu Singh and Malamsingh were further charged under Sections 323 and 324 Indian Penal Code respectively but were also acquitted of the same. Respondent Mohan Singh was further charged under Section 379 IPC but was not found guilty. Respondent Chunnilal was charged only with an offence under Section 212 IPC and was acquitted of it.

(2.) THE prosecution case, briefly stated was as under : The incident took place on March 7, 1968 between 10 -11 p.m. in village Bisalpur near a water trough of a well known as 'Dadawadi'. Formerly the village was in the Jagir of Prithvi Singh before its resumption after the formation of the Rajasthan State. Near the village, there is compact tract of land measuring about 2000 bighas known as 'Utkara Jav'. The land was in possession of several cultivators. In the samvat year 2013, the Panchayat and residents of the village felt that there should be pasture land. They decided to convert this 'Jav' into grazing ground and the Khatedar tenants of this land were persuaded to give up their holdings by surrendering their Khatedari rights. Prithvi Singh and his uncle Chhatar Singh gave an assurance to the tenants of the holdings that they would be given other lands in lieu of it. On the assurance of this promise the tenants gave up their holdings and did not cultivate them and the entire tract of land surrendered by them was used as pasture land upto samvat year 2019. Prithvi Singh however, did not give other lands to those cultivators who had surrendered their holdings. So thereafter some of the tenants including Chhoga Ram PW 1, his deceased brother Kumpa Ram, Anna PW 4, and Goma Ram PW 25 started cultivating their surrendered holdings in the Jav. During the period Prithvi Singh and accused Bhabootmal were Surpanch and Up Sarpanch respectively of the village Panchayat, Bisalpur. Chhoga Ram and Goma Ram were members of the panchayat. Respondent Bhabootmal moved the Revenue Authorities to take legal action for the cultivation of this land against Chhogaram and others. He was trying to get this 'Utkara Jav' converted into a pasture land. The tenants of the land who had surrendered their holdings but did not get any alternative land resented this move. The villagers were thus divided into two factions because of the dispute relating to 'Utkara Jav'. The respondents were in favour of getting Utkara Jav' declared as a pasture land while the other faction led by Chhogaram and Goma Ram opposed this move. No confidence motion was moved against Up Sarpanch Bhaboota Ram which was to be voted on March 8, 1968 Bhaboota Ram called Mohan Singh, Kana and Vijay Singh to the village on March 7, 1968 for his help. On this date, at about 5 p.m., Choga Ram and Goma Ram were coming together and met the party of the respondents near the stall of Mool Chand. Respondent Mohan Singh came near Goma Ram and threatened him whether he had got himself insured and pointed a gun at him. Goma Ram left his cycle on the spot and ran away. Thereafter Goma Ram and Choga Ram sent a written report Ex P 1 of this incident at about 8 p.m. with Kumpa Ram to Police out post, Erinpura After lodging the report, Kumpa Ram was returning on his cycle and when he reached near tea stalls of Mool Chand and Ganeshmal at about 10 or 11 p.m. all the respondents, except respondent Chunnilal, attacked him. Respondent Mohan Singh was armed with a gun and Malam Singh with a 'Dhariya' and the other respondents were having lathis. The respondents surrounded Kumpa Ram and pushed him near the water trough. Then Mohan Singh gave blows on the head of the deceased with the butt and barrel of his gun. Respondent Malam Singh inflicted injuries on the head of the deceased by with 'dhariya' The deceased fell down on the ground and then all the other respondents attacked him and gave him lathi blows. Bhopal Singh PW22 informed Choga Ram of the incident. Chogaram went to the scene of the occurrence and saw the respondents beating Kumpa Ram. He tried to intervene and was hit by respondent Malam Singh on his arms and knee by a lathi. Thereafter Chogaram went away to his house and returned at the scene of incident after some time but found that no body was there. It was further alleged that PW4 Anna and PW 17 Kapura Ram witnessed the incident, Chogaram then lodged written report Ex P 2 in police station Sumerpur at 2 a.m on the night intervening 7th and 8th of March, 1968. PW 26 Bhanwarlal, Sub Inspector of Police registered a case and proceeded to the village with Choga Ram He deputed constables to guard the site and tried to search the respondents but could not find anyone of them. In the morning, Bhanwarlal PW.26 inspected the site. From Dadawadi well dead body of the deceased was recovered and memo Ex P 6 was prepared. P.W. 18 Dr. DC. Bafna performed autopsy and prepared the post -mortem report Ex.P.18. Injuries on the person of Choga Ram were also examined by Dr. Bafna and injury report ExP.7 was prepared The respondents were arrested on different dates. A cycle of the deceased was recovered from the hut of Mohan Singh on 14.4 1968 and recovery memo Ex.P.8 was prepared. The seized articles were sent to the Chemical Examiner and to the Serologist. After completing the investigation, the police filed a challan in the court of Munsif Magistrate, Bali, who after necessary committal proceedings, charged the respondents as stated above and committed them to the Sessions.

(3.) WITH regard to respondent Chunnilal who was charged with the offence under Section 212 IPC, the learned Sessions Tudge was of the opinion that the witnesses, namely PW12 Sankaliya and PW 21 Magan Singh examined by the prosecution, to prove the charge were not reliable and trustworthy.