MANGIA Vs. STATE

JUDGEMENT

(1.) These two appeals are directed against the judgment of the learned Additional Sessions Judge No. 1, Jodhpur, Dt, December 12, 1960. Criminal Appeal No. 1 of 1961 has been filed by Mangia and 16 others against the following convictions and sentences: - - Name Convictions Sentences Mangia 302 IPC for murder of Gokul Life Imprisonment Ummed 147 IPC. 1 years R.I. 325/149 IPC for forming an unlawful assembly with the common object of causing grievous hurts to Roopram, Durga Ram and Hariram (who died) 3 years R.I. on each count. 325/149 IPC for forming an unlawful assembly with the common object of causing grievous hurts to Dayaram, Bhomaram, Sewaram, Kishna Ram and Rewat Ram. Dhanna 147 IPC 1 years R.I. 325/149 IPC for forming an unlawful assembly with the common object of causing grievous injuries to Roopram and Durgaram (who died) 3 years R.I. 325 IPC for causing grievous injury to Durga Ram (who died) 3 years R.I. Govind 148 IPC. 2 years R.I. 325/149 IPC for forming an unlawful assembly with the common object of causing grievous injuries to Roop Ram and Durgaram (who died) 3 years R.I. 302 IPC for the murder of Durgaram Life imprisonment Rampal Poosa Naria Choona Shivla Mubarak Wali Mohamad Shakoor s/o Gheesa Kasam Sadiq Bhoora

(2.) The police challan in the case was presented against 22 accused persons and the allegations were like this : There is aghor (gochar) land beating khasra Nos. 460 and 567/1 near village Dhanadi Kalan in the vicinity of hillock commonly known as Chor Bhakari, in Osian tehsil. The rain water used to flow from over the agnor land on to naadi. The accused were cultivating the aghor land for some time and this was resented by one Durgaram and his party. They, therefore, started litigation in the concerned revenue courts for the eviction of the accused who, in their turn, claimed that they were the tenants in possession of the lands and were not liable to ejectment. This led to considerable tension between the two parties. Collector, Jodhpur, wrote a letter (Ex, P. 127) to Tehsil -dar Osiyan on July 3, 1959 directing him to take immediate steps against "further trespass on the aghor land and to prevent its cultivation by the trespassers. Thereafter, Durgaram organized a party on the morning of July 10, 1959, to inform the accused of the Collectors orders and to ask them not to cultivate the aghor land. He, along with 11 others, proceeded to the place of occurrence. According to the version contained in the first information report (Ex. P. 1) made by Bhomaram (P.W.1), Nata and Ghamanda (P.W.3) at 3 p.m. in Police Station Khedapa, accused Govinda, Dharma, Rampal, Ummed, Poosa, Naria, Choona, Shivlal, Harji, Kasam, Shakoor, Sadiq, Mohammed, Vala and Shakoor were ploughing the aghor land at about 10 a.m. while Bhera, Pokar, Sona, Harka, Sahiram and Mangia were standing in the aghor land. Durga Rams party consisting of himself and Ghamanda, Nataram, Gokal, Durga, Rewat, Jai Ram, Roopa, Heera and Sewa went there to tell the accused not to plough the land. There was an alteration between them at that time. Accused Mangia, Harji and Shakoor, who were armed with guns, fired at them, killing Gokul and injuring Roopa. The other persons had lathis, swords and Kassis with which they injured Rewat, Durga, Daya Ram and Heera, who fell down unconscious.

(3.) The above narration of events in the first information report was subsequently modified by the prosecution in as much as it was alleged that there were two separate, though connected incidents. According to that version, when Durga Rams party reached Chor Bhakari, they found Mangia, Pokar, Shera, Harka, Sona Ram and Sahiram accused standing there. Mangia asked the men in Durgarams party where they were going and on being told that they were going to ask the cultivators not to plough the land, Mangia got enraged and fired his gun killing Gokul. This is said to be the first part of the incident. On hearing the report of the gun fire, the remaining accused rushed to the place of occurrence, armed with deadly weapons, and they, along with the six accused who were already there with Mangia, surrounded Durgarams party. Harji and Shakoor s/o Kadar fired their guns killing Roopa. Dharma gave a lathi blow on the head of Durga Ram while Govinda gave blows to him with his sword, as a result of which he died immediately. Hira Ram was also beaten and succumbed to his injuries. Dayaram, Bhomaram Sewaram, Kishan and Rewat Ram were the other persons who were injured in the beating given by the accused. This is said to be the second part of the incident.