- (1.)This appeal is directed against the judgment of the Sessions Judge, Jhalawar dated 4th Nov., 1981 in sessions case No. 77 of 1980 arising out of an incident which took place on 26th June, 1980 in which one Shri Dhanma sustained injuries as a result of which he died and Bajrang Lal P. W. 4, Smt. Pana Bai P. W. 12. Kishan Lal P. W. 1, Gopal P. W. 13 and Mohan Lal P. W. 11 sustained injuries. The five appellants before this court and one Kishan Lal who died during the course of trial, were prosecuted in respect of charges under sections 302/149, 324/149, and 323 I. P. C. Appellants Dhanna and Dudhiya were further charged with offence under section 147 I.P.C. The Sessions Judge convicted the appellant for the offences under sections 148, 302/149, 323/149 I. P. C. Appellant Dudhiya was convicted for the offences under sections 148, 302/149, 324/149 I. P. C. The other appellants, namely, Ramlal, Onkar and Dhulilal were convicted for the offences under section 147, 302/149, 323/149 and 323 I.P. C.
(2.)The case of the prosecution, as set out in the F. I. R. (Ex. P. 4) lodged by Bajrang P. W. 4 at police station Aklera on 26th June, 1980, at 12.20 P. M., was that the appellant Dudhiya Chamar was employed as a Mali with deceased Dhanna Lal and that he did not go for work since 24th June, 1980. On the date of incident at about 9.10 a.m. deceased Dhanna Lal was working in his field. Appellant Dudhiya along with his father, Onkar and his brother Dhulilal, passed by the field of Dhanna Lal and called Dudhiya. Thereupon all the three persons went near deceased Dhanna. Dhanna told Dudhiya the he had not come for work and, therefore, he just settle the account and return his money and thereupon an altercation I took place between them. On hearing the noise appellants Dhanna Lal and Ramlal and accused Kishan also arrived at the scene and asked as to why he had stopped Dudhiya and all of them said that the account should be settled.Thereafter appellant Dudhiya inflicted axe blows on the deceased. Bajrang Lal, Gopal, Kishan Lal and Madan Lal intervened and they were also assaulted. Smt. Phoola Bai came to the rescue of her father Dhanna and she was also assaulted with the axe. Dhanna died at the spot. On the basis of the aforesaid report, a case under sections 302, 324, 323, 147 and 149 I. P. C. was registered and after completing the investigation, the police filed the charge-sheet against six accused persons and they were committed for trial to the court of session.
(3.)The prosecution in support of its case examined Kishan Lal P.W. 1, Bajrang Lal P, W. 4, Prem Lal P. W. 6, Smt, Phoola Bai P. W. 10, Madan Lal P. W. 11, Smt. Panna Bai P. W. 12, Gopal P. W. 13 and Bajrang Lal P. W. 14 as the eye-witnesses of the occurrence. Prem P. W. 6 and Bajrang Lal P. W. 14 did not support the prosecution case.