HIRALLI AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two criminal appeals listed above arise out of the same trial and can, therefore, be conveniently disposed of together.

(2.) Bachchu, Madan, and Hiralli the appellants in S. B. Criminal Appeal No. 256/73 and one Pooran were tried by the learned Sessions Judge, Bharatpur on the charges of criminal trespass into agricultural land of Kundan deceased and Manniram PW, murder of Kundan deceased and causing hurt to Reshma, Chameli and Dhaniram PWs, punishable under sections 447, 302, 302-34, 323 and 324 of the Indian Penal Code. By his judgment dated April 14, 1973, the learned Judge acquitted all the accused of the charges under sections 447, 302 and 302-34 of the Indian Penal Code. Pooran was acquitted completely. However, the appellants were convicted and sentenced as under:- I. Bachchu

(3.) The case of the prosecution which resulted in the conviction and sentence of the accused persons as aforementioned may be shortly stated here. Mst. Reshma. PW.1. wife of Manni Ram, submitted a written complaint, Ex. P/1, to the S. H. O. of Police Station, Sayana on June 13, 1972, at 12-15 p.m. alleging that her husband and Kundan deceased on one side and the accused persons on the other were rival claimants to a piece of agricultural land situate in village Kemasi. She mentioned in this context that the said land has been the subject matter of litigation between the parties for a number of years. According to her, Kundan deceased and her husband, are entered in the revenue records as the cultivating Khatedars of that land. She mentioned that on June 13, 1972 at about 7 or 8 a. m. her husband, Kundan deceased Dhaniram, Chameli and she herself, had gone to plough that land. A little later accused Hiralli accompanied by his sons and co-accused Madan and Bachchu, Mst. Mehtabi, wife of Bachchu, Mst. Keki wife of Hiralli, Pooran, a resident of Mundera and an unknown person belonging to Parssa-ka-Nagla, arrived there armed with various weapons. She further mentioned in the complaint that Bachchu and Madan carried in their hands respectively a gupt and a knife' Hiralli and his other companions were armed with sticks. According to Reshma, they all shouted that the chairmans (this has reference to the cast of the members of the complainant party) would not yield unless they were finished. It is alleged that immediately after uttering this threat Hiralli and his companions mounted an assault on the members of the complainant party. Bachchu stabbed Kundan in the abdomen with his gupti Kundan fell down with his amentum coming out of his body. The other accused beat up the fallen man with their respective weapons. Reshma, Manni Ram and Chameli went forward to save Mundan from being injured further. The accused persons are alleged to have assaulted them a well and inflicted bodily hurt to them with their respective weapons. After committing the crime Hiralli and his companions went away from the disputed field.