HANUMAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated, Jan. 31, 1978 by the , Sessions Judge, Sikar convicting the appellant under Sections 302-149 and 147 I.P.C. and sentencing each of them to imprisonment for life and rigorous imprisonment for one year, under these Counts.

(2.) The case of the prosecution which resulted in the conviction and sentence of the appellants as aforementioned may be shortly stated here. Jeewan deceased was a Khatedar of ⅛th share in land situate at a well known as Guval Kua, in the area of village Dason Kidhani. On June 22, 1975, morning, Ram Chander one of the sons of Jeewan deceased, went to plough that land and sow bajra there. Kesho Ram (PW 14) was another ploughman who was helping Ram Chander in the sowing operations. Geega deceased, an uncle of Ram Chander, was also working in that land. Jeewan deceased went there carrying food and lassi for them. At about 8-tO A. M. Mangi Lal accused, armed with a Kulhari, Fatta accused, armed with a gandasi and 14 others, armed with sticks arrived there and attacked Jeewan, Geega, and Ram Chand. Mangi Lal struck a Kulhari blow on the head of Geega, Hem Raj gave a lathi blow on the head of Jeewan. The other 14 rioters also joined them in giving indiscriminate blows to Jeewan and Geega. Ram Chand ran away after he had been hit and injured by Mangilal and Ganpat. He witnessed the rest of the assault on his father and uncle from nearby houses of Harijans. Kesho Ram also fled from the scene of offence, and thus escaped unhurt. Banwarilal, another son of Jeewan deceased, was present at the nearby well and witnessed the occurrence from there. Jeewan and Geega fell down as a result of the injuries suffered by them. Jeewan died on the spot. Geega died on the way to hospital. The report of the occurrence was lodged with the Sikar police by Ram Chand that very day at 10-45 A.M. He mentioned the names of Banwarilal and Kani Ram Balai as the eye-witnesses of the occurrence.

(3.) On investigation, the police sent up Hanuman, Hanuman's wife and three sons, namely, Govindi, Mangilal, Sualal and Ganpat. Rukma wife of Mangilal, Fatta, Mohan, Jinhu wife of Fatta, Gomti wife of Mohan, Guntana, Bhima Ram, Panna Ram, Hem Raj and Parma Ram for trial. The sixteenth accused, namely, Nanda was absconding at that time and could not therefore be forwarded for trial.