VEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SEVEN persons, namely, Limba, Kashna, Harji, Sava Veera, Bhera and Nathu were put up for trial before learned Addl. Sessions Judge, Udaipur, to face trial of offences under secs. 148 and 302 read with sec 149 I. P. C. The gist of the charges against the accused persons was that on 8-8-78 at about 11-12 noon, they formed an unlawful assembly, the common object whereof was to commit murder of one Kishore Singh and in furtherance of the said common object, each one of then, made deadly assault on the said Kishore Singh resulting in injuries to him, which caused his death and thus, they committed riot and murder.

(2.) BESIDES the other evidence, the prosecution examined PW 1 Hadmat Singh, PW3 Vaja, PW4 Gamu and PW5 Jawansingh as the alleged eye witnesses of the occurrence. Learned Addl. Sessions Judge after critical examination of the aforesaid evidence, arrived at a definite conclusion that Hadmat Singh, Gamu and Jawan Singh did not witness the actual assault on the deceased. As regards Vaja, he was of the view that he was a partly reliable witness and had seen appellant Veera opening assault on the deceased with an axe. Participation of other accused persons in the assault was held to be not proved. The learned trial Judge found that testimony of Vaja regarding assault on Kishore Singh by the appellant by an axe was corroborated by medical evidence. He further held that Veera had committed the said assault to protect his possession over the agricultural land and standing crop thereupon, which was in his possession. He also found that the assault had been made in exercise of right of private defence of person as well but he found that in doing so, the appellant had exceeded his right of private defence. In these premises, he acquitted all other accused persons of charges under secs. 148 and 302 read with 149 I P. C. He acquitted Veera, the present appellant of charge u/s 148 I. P. C. as also for charge u/s 302 read with 149 IPC but convicted him of an offence u/s 304 Part I, I. PC. and sentenced him to undergo rigorous imprisonment for six years and a fine of Rs. 1000/- and in default of payment of fine, to undergo simple imprisonment for six months. Aggrieved, Veera has come to this Court in appeal.

(3.) HERE, I would like to refer to the evidence of PW 3 Vaja in brief, Vaja stated in his examination-in-chief that on the fateful day, he was ploughing the field at Kunatalal along with deceased Kishore Singh. According to him, the accused persons including the appellant came to the field, upon which Kishore Singh started running away. When Kishore Singh reached near the pali of his own field, Harji Jangi gave a blow from a 'kudi' on the beck of his hand. At that very juncture, Veera gave an axe blow on the head of Kishore Singh and thereafter all other accused persons started belaboring Kishore Singh. Kishna and Limba threatened this witness of dire consequences, upon which he ran away from the place. He has further stated that his wife Guma had also come to the field with meals for this witness and when this witness started running away, she also ran away from the field, The witness states that after about two hours, he came to the field and at that time, saw that witnesses Laxman Singh, Jodh Singh, Jawan Singh and Hadmat Singh were sitting with the deceased. Deceased was then taken to Kurebad. He further stated that prior to the incident, accused Viriya had told him not to plough the field. At this, he had gone to Kishore Singh and told him that Viriya was not permitting him to plough the field. He stated that upon this, Kishore Singh had told him that he would accompany the witness to ensure ploughing. . In cross-examination, the witness admitted that deceased Kishore Singh had told him. ************* According to him, Veera had come to the field and told this witness and Kishore Singh not to plough the field because the field belonged to him. _in cross-examination, he was confronted by his police statement Ex. Dl in portion A to B in which he had deposed that Harji was wielding an axe. He denied this statement and struck to the version that Harji was carrying a 'kudi'. According to him, two blows by 'kudi' had been given to the deceased. He further deposed that each one of the other accused persons had given at least five lathi blows to the deceased-