GHISA AND UDAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two appeals listed above have arisen out of the judgment dated Aug. 28, 1975, of the Sessions Judge, Jhunjhunu, in Sessions Case No. 104 of 1974. They can, therefore, be disposed of together.

(2.) Ghisa and Udami, appellants in D. B. Criminal Appeal No. 624 of 1975, and Hanuman, Savitri and Maya, the respondents in D. B. Criminal Appeal No. 221 of 1976, were tried together on different charges including the charge under section 302 read with section 149 IPC. The prosecution against them was launched on the basis of a FIR lodged with police station Singhana, District Jhunjhunu, by Narpat (P. W. 3) on June 16, 1974 at 9 A. M. Narpat informed the police that earlier that morning Chawali (P. W. 7) had approached him weeping and crying in the Dhani of Sohan Ahir and complained that Hanuman Ahir and his sons and daughters, namely, Nand Ram, Pooran, Udami, Ghisa, Savitri and Maya, all the seven accused in this case, armed with various weapons had inflicted injuries to her father-in-law, Nand Ram, and brother-in-law, Gokul, and that the injured were lying unconscious in their field. Narpat further mentioned to the police that Chawali had told him that the accused had attacked Nand Ram and Gokul in the latter's field situate in the area of Hirwa-ki-Dhani. What happened was that Nand Ram and Gokul had sown some crop in their field and the accused committed criminal trespass therein to plough it and thus, uproot the crop. Nand Ram and Gokul, objected to it. The accused who were armed with deadly weapons, like Farsi, Kulhari, Jelly attacked them and inflicted numerous blows. Chawali and Ramgirilal (P. W. 6) tried to intervene and they were also beaten by the accused. Chawali is said to have further told Narpat that she was chased by the accused from the scene of occurrence to the house of Multi Meena. (P. W. 2), and that, it was Multi, who protected her from further injuries.

(3.) A. S. I. Prabhu Singh (P. W. 8), recorded the F. I. R. (Ex. P. 2) as mentioned above. After recording it, he accompanied Narpat from the police station to the scene of occurrence in the area of Hirwa-ki-Dhani. He saw that Nand Ram and Gokul were lying unconscious in two different cots in Nand Ram's field. Ramgiri was also present in an injured condition. He removed all the three injured to the Civil Hospital, Singhana. Dr. Nawab Ali (P. W. 6) declared that Gokul was already dead. Nand Ram (P. W. 10) was too seriously injured to be able to make any statement to the police. Ramgiri gave an eye-witness account of the occurrence to A. S. I. Prabhu Singh.