BHALLA RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals, one filed from jail and one field through counsel, impugned the order of conviction under Secs. 447, 323 and 302 I.RC. passed by the learned Additional Sessions Judge No. 1, Jodhpur on 15.3.1977.

(2.) The prosecution story stated briefly is that on 14.6.1975 when Rawat Ram came to field survey No. 226 which belonged to his family, saw that the accused Bhalla Ram and Beenja Ram are forcibly cultivating the field. He therefore, deputed one person to call the senior citizens and the father of the accused to look into the dispute and decide it. Accordingly, some persons along with RW. 1 Bhoma came towards the field, while going, it was heard that assault has taken place and therefore, those persons accompanying the witness RW. 1 Bhoma went back. When the witness reached the field, he saw the accused assaulting Rawat Ram and wife of the witness Gawri. After the assailants left the body of Gawari, she was carried to the house of Teela Das and then first information report was lodged, on the basis of which, investigation was conducted arid the accused persons were prosecuted.

(3.) The prosecution has examined as many as 27 witnesses to prove its case. Out of 27 witnesses, RW. 1, PW. 2, RW. 3 and RW. 6 are eye-witnesses. With the assistance of the learned counsel for the accused and the learned Public Prosecutor, we have re-scrutinised the entire evidence on record.