G.K.SHARMA, J. -
(1.)THE State of Rajasthan has preferred this appeal against the judgment dated 20th December, 1974; passed by the Sessions Judge, Alwar, by which, the respondent accused persons have been acquitted ; of the offences under Sections 147, 148, 302, 325 and 149, IPC.
(2.)ACCORDING to the prosecution, a report was lodged on 7th October, 1973, by one Mamchand, at about 12.30 P.M. at Police Station -Kot -kasim, District -Alwar, to the effect that in village -Hazipur, fields I bearing Khasra Nos. 203 and 208 were owned by real brothers Govinda and Mohan. Both the brothers had equal shares in those lands. One of the brothers, Govinda was fraudulently induced to transfer the land in favour of one of the accused, namely, Kishanlai and possession was also purported to have been given to purchaser. A sale deed was also executed with regard to this property. It is alleged that the lands of both these khasras were in their possession a id they were cultivating it, Under the colour of this purchase, all the accused persons, namely, Bhoopsingh, Kiihinlal, Ramnaraio, Rajaram, Ramswaroop, Sulan, Hanaram and SheoUl reached the said fields on the morning of 7th October 1973 and stated plough mg the same. At this, Mohan, who is the real brother of Govinda, went to them and told that they could not plough the land of his share. At this, the accused persons wanted to beat him (Mohan). So, he ran away and came to Mamchand, his nephew. Mohan asked Mamchand to accompany him to the fields, to get the actual partition effecicu as regaids his share in the said lands. At this, Mamchand and one Prabhu came to the fields along with Mohan to effect the actual partition. vVhen they reached there, the accused persons attacked them with lathis and Farsis. Mohan ran away from there. Mst. Manohawti sister of Mamchand; Mst. Santra wife of Mamchand; and Isbwar son of Mamchand's sister reached there and tried to rescue Mamchand and Prabhu The accused persons gave beating to these persons also, as a result of which, they sustained injuries. On hearing the cry, Hansram, Sriram and Prabhati also reached the scene of occurrence and intervened. Mamchand and Prabhu had sustained injuries. On this report, a case under Sections 147, 148 and 447, IPC, was registered against the accused persons, Mamchand, Mst. Santra and Mst. Manbhawti were got medically examined. Prabhu later on died in the General Hospital, Alwar, on account of the injuries received by him. The police then investigated into the matter.
The report lodged by Mamchand is Ex. P.1. After registering the case, Vimaldas, head -constable inspected the site and prepared a site plan Ex P.2 9th October, 973. From the soot, he seized and sealed bloodstained as well as plain earth vide memo Ex. P.15. From there, he also seized some pieces of broken 'Churians' (bangles) and a Mala, vide memo Ex P.16 - Kahshanker head -constable prepared the Panchnama of the dead body of Prabhu which is Ex. P. 3. He then sent a letter Ex. P 16 to the medic 1 officer for conducting the postmortem examination on the dead body of Prabhu Ex. P.17 is the letter which was deposed to the SHO, Police Station - Kotwali by the head -constable after preparing the Ranch -nana of the dead body of Prabhu. Mst. Santradevi was medically examined. Her injury report is Ex. P.9 Ex. P.19 is the X -Ray report of Mst. Sartradevi. The injury report of Mamchand is Ex. P. 7 and his X -P -y report is Ex. P. 23. The injury report of Mst. Manbhaoti is Ex. P.10: and her X -Ray report is Ex P.21, The injury report of Ishwar is Ex. P.8 ' The post -mortem report of the dead body of Prabhu is Ex P.11. The circle -officer on 12th October 1973 sent a letter to the medical jurist, Alwar, for some clarification about the injuries of Prabhu deceased and the weapor used by the accused persons. This letter is Ex. P.12. and on the back of this letter dated 13th October. 1973, the medical jurist has claiifkcl the position; and the endorsement A to Bon the back of this Jetti is made by the doctor Prahlad Swaroop himself. Ex. p.13 is the information sen to the SHO, Police Station -Kotwali, Alwar, about the death of Prabhu, son of Govinda. Accused Ramswaroop, Ramnarain, Rail am, Bhoopsingh and Hanaram were arrested vide arrest memo Ex. P.10 to Ex P.34. Accused Kishanlal and Sheolal were arrested vide arrest -memo Ex P.40 and Ex. P.41. Accused ramnarain, while in custody gave information for recovery of one lathi. This information is ex. P.25 On the basis of his information and at his instance, the lathi was recovered vide memo Ex. P.38. Accused Bhoopsingh, Hanaram and On the basis of this information and at their instance, the lathis were recovered vide memo Ex. P.39, 37 and 44. Accused Rajaram and Kishanlal also gave information for recovery of the Farsis, which are ex. P.28 and Ex. P.43 On the basis of this information and at their instance, the Farsis were recovered vide memo Ex. P.35 and Ex. P.45 respectively. Accused also gave information for recovery of a Jally vide memo ex. P.29. On the basis of this information and at his instance, the Jelly was recovered vide memo Ex. P.34. After usual investigation, the police submittedc a challan agaist the accused per on in the court of Munisf Magistrate. Kishangarh Bass, who commuted the accused persons for trial to the court of Sessions Judge, Alwar. The learned Sessions Judge framed the charges against the accused persons as under:
Name of accused - Charges under SectionsSheolal - 148, 302 or 302/149, 325 or325/149, IPC.Sultan - 148, 302 or 302/149, 325 or325/149, IPC.Ramswaroop - 148, 302 or 302/149, 325 or325/149, IPC.Bhoopsingh - 148, 302 or 302/149, 325 or325/149, IPC.Rajaram - 148, 302 or 302/149, 325 or325/149, IPC.Hansaram and Sheonarain - 148, 302 or 302/149, 325 or325/149, IPC.Kishanlal - 148, 302 or 302/149, 325 or325/149, IPC.Ramnarain - 148, 302 or 302/149, 325 or325/149, IPC.
All the accused persons pleaded not guilty and claimed trial.
(3.)TO prove its case, the prosecution examined 17 witnesses. The accused persons in their defence, also examined 7 witnesses.