STATE OF RAJASTHAN Vs. BALWANTA AND ANR.

JUDGEMENT

(1.) Both these appeals have been filed against the same judgment of the learned Sessions Judge, Jalore dated 6.8.1983, convicting the three appellants of the offences under Sec. 326/34, and sentencing each of the accused to three years' rigorous imprisonment along with fine of Rs. 200.00, in default to undergo one year's rigorous imprisonment, and also convicting each of them for the offence under Sec. 447 I.P.C., and sentencing to undergo two months' rigorous imprisonment.

(2.) Appeal No. 287/1983 has been filed by accused persons, seeking to challenge that conviction; while Appeal No. 224/1985 has been filed by the State, seeking to challenge the acquittal of the accused persons, of the offence under Sec. 302 I.P.C. Thus .both the appeals being arising out of the same judgment, are being decided by this common judgment.

(3.) The facts of the case are, that on 22.10.1982 statement of one Jutha were recorded by the C.O., to the effect, that in village Sewadi he went to his field, known as Dabaliwala. Then it was deposed that at about 8 in the morning, he along with his father Kalu Ram had gone to his field to plough. His father Kalu Ram was ploughing by tractor, while he was sitting on the fencing. After working for half an hour their neighbours Balwanta son of Rupa, Bagda son of Kheta and Uka son of Chopa came to their field. Balwanta was armed with Lathi, Bagda was armed with Dhariya and Uka was armed with Farsi. Immediately Balwanta dealt a Lathi blow on neck of Kalu Ram, and then pulled him down from the tractor, and dragged him. Then Bagda dealt a Dhariya blow on the left hand of Kalu, and Uka dealt a Farsi blow on Kalu Ram. Kalu Ram cried, thereupon he also raised a cry. Since tractor was in motion it travelled ahead, and automatically stopped. All the three accused persons started showering indiscriminate blows on Kalu Ram. Looking to this he rushed to save him and went to his cousin grandfather Bagta, and narrated the whole thing to him. Thereupon Bagta rushed to the field, he also called to Pancha and Jeta, who also came with him on the field. When he reached back to the field, his father was lying in a pool of blood. Bagta, Pancha etc. asked his father, and to them shrieking, his father stated, that the three enemies Balwanta, Bagda and Uka have given this severe beating to him with Lathi, Dhariya and Farsi, and that he is feeling uncomfortable. Thereupon his father was carried to Bhinmal hospital in the tractor. However when they reached bit ahead of Jujani, Kalu Ram died. The dead body was lying in the tractor trolley. It was also alleged, that there is litigation pending between them on one hand, and accused on the other hand, as the accused persons wanted to grab their land, and for that motive, the incident has been committed. On this report, an F.I.R. was registered for offence under Sec. 302/447 I.P.C., and investigation was commenced. After investigating the matter, charge sheet was submitted against the three accused persons for the offences under Sections 302/34 and 447 I.P.C. The case was then committed.