KESHAV DAS AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants, 6 in number, have been convicted and sentenced by learned Additional Sessions Judge, Bharatpur, vide two separate orders passed on July 17, 1976, as under:- I-Ramjilal and II-Niroti

(2.) The case of the prosecution which resulted in their conviction and sentence as aforementioned may be briefly stated here. All the six accused named above, Sanwal Das deceased, and the alleged eye-witnesses in the case, belong to village Badri which is a very small village consisting of 16 or 17 families. Those families were divided into two factions, one headed by Ramjilal accused, and the other by Sanwal Das deceased. It appears the members of the two factions had launched some civil and criminal cases against each other prior to the present occurrence. On Aug. 8, 1974 Keshav Das accused filed a complaint (sec. Ex. D.6) before the Magistrate concerned under section 379, 427, 352 and 147 I.P.C. against Sanwal Das deceased and his supporters, including four out of the five alleged eye-witnesses, namely, Devla, Mulchand, Parmoli and Suraj Mal. On Sept. 7, 1974, Ram Dayal a member of the faction of the deceased lodged a report with the police that the selfsame set of six persons who are accused in the present case attacked him and caused hurt to him. This report was found to be false with the result that the accused were released and final police report (sec Ex. D. 33A) was submitted accordingly, to the Magistrate. On Oct. 19, 1974, the accused faction filed a civil suit (sec. Ex. D.8) against Ram Dayal, Surajmal, Mulchand, Devla and Udai Ram of the the complainant faction. Then, on Oct. 21, 1974, Keshav Das accused, filed a complaint before the Magistrate under section 457 I. P. C. against some members of the complainant faction including Sanwal Das, deceased and Devla P.W. On being sent to the police for investigation, the said complaint was also found to be false as per police record Ex. P29. The present prosecution was launched by the police against the aforementoned six accused n the basis of an F. I. R. registered on a written report (Ex. P. 1) submitted to the Police by Bhajan Singh, PW. 1, on Oct. 30, 1974 at 6 a. m. The said report which is in Hindi may be translated as under. This morning at about 3 A.M. on Oct. 30, 1974, my uncle Sanwal Das, left home on a bicycle and went in the direction of village Guhana in search of the buffallo of Uda Ram. While my uncle was still on his way between villages Badri and Guhana, Ramjilal and Badna sons of Kanhaiya, Keshav Das and Bhagwan Das sons of Sarman Das, Balram and Niroti sons of Bhagwan Das, armed with Ballam, Lathi and Pharsa surrounded him, Ramjilal exhorted his companions to finish off Sanwal Das. The latter raised outcries of bachao, bachao, Hearing his cries, I, Pamoli, Surajmal, Devla and Mulchand rushed to the scene of occurrence from our nearby fields. Within our view, Ramjilal dealt a ballam blow on the neck of Sanwal Das as a result of which he fell down on the ground. Badna, Keshav, Bhagwan Das Balram and Niroti inflicted lathi and pharsa blow to the fallen man. Sanwal Das was lying dead on the spot. I hereby report and pray for necessary action. We have old litigation with the accused regarding land pathway. Signatures of Bhajan Singh 31-10-1974.

(3.) All the five persons mentioned as eye-witnesses of the occurrence in the above written report came on the stand as witnesses for the prosecution and supported the prosecution case. Relying on their testimony, learned trial Judge convicted and sentenced all the six accused. As already stated, they have appealed.