BALI, J. - (1.) IN an occurrence that took place on 29. 9. 1993 at village Delawas, whereas one person from the side of the complainant party namely Motiram lost his life, 20 others were injured. IN the same very occurrence, ten persons from the side of the appellants were injured. The only but significant question that arises for adjudication in the present case is as to whether the appellants caused death of one and injured 20 others in exercise of their right of private defence of person and property or that they constituted unlawful assembly and attacked the complainant party, thus committing various offences for which they were tried and held guilty.
(2.) PROSECUTION put 40 persons on trial out of whom whereas Laxmi Narayan @ Latoor has been held guilty for an offence u/s 302 IPC and sentenced to life, Ram Swaroop, Narsiram, Gyarsa, Ganga Ram and Punia @ Puniram have been held guilty for offence u/s 302 read with Sec. 149 IPC and sentenced likewise. All the appellants have also been held guilty and sentenced for various offences as fully detailed below. Accused Laxmi Narain @ Latoor and Ladu Ram U/s 302 IPC Imprisonment for life and a fine of Rs. 3, 000/-, in default of payment of fine, further RI for 2 months to each of them. Laxmi Narain @ Latoor, Ladu Ram, Ram Swaroop, Narsi Ram, Gyarsa, Gangaram and Punya @ Puniram. U/s 147 IPc One year Ri U/s 148 IPc One year Ri U/s 447 IPc 3 months' Ri U/s 427 IPc 6 months' Ri U/s 323 IPc 6 months' Ri U/s 325ipc One year's RI and a fine of Rs. 500/- in default of payment of fine, one month's RI. U/s 326 IPc 2 years' RI and a fine of Rs. 1000/-, in default of payment of fine, further RI for one month. Whereas Laxmi Narayan and Ladu have challenged the order of conviction and sentence passed against them by the learned Additional Sessions Judge, Dausa dated 9. 12. 2002 by filing D. B. Criminal Appeal No. 1643/2002, other appellants Ram Swaroop, Narsi Ram, Gyarsa, Gangaram and Punya @ Puniram have challenged the same very order of conviction and sentence by filing D. B. Criminal Appeal No. 1673/2002. Appellants and their co-accused came up with the counter version asserting that they were owner and in possession of the land where the occurrence had taken place and the complainant party had tried to oust them. The complainant party was tried in separate trial and all the accused arrayed in that case have been acquitted resulting into filing of Criminal Revision No. 305/2003. By this common order, we propose to dispose of two criminal appeals and the criminal revision mentioned above. The occurrence leading to the death of one and injuries to 20 as mentioned above took place on 29. 9. 1993 at 11 a. m. FIR (Ex. P. 1) with regard to the incident was lodged by Pooran (PW-1) on the same day at 1 p. m. Learned counsel appearing for the parties are ad idem that special report with regard to the incident was not sent to the concerned Magistrate at all. In the occurrence aforesaid, whereas Moti Ram lost his life, Kailash, Ramesh, Ram Kishan, Rama, Rukmani, Ramjilal, Gabdu @ Ramavatar, Kalu, Ramjilal, Genda, Manbhari, Devaram, Soni, Manni, Ram Bhajan, Ram Karan and Smt. Bhooli Devi received injuries. From the side of accused, Laxmi Narayan @ Ladu, Lala, Gangaram, Harphool, Puriram, Gyarsa, Revad and Narsi were injured. The FIR lodged by Pooran, when translated into English, reads as follows: " Respectfully it is submitted that, we were working in our agricultural fields. Suddenly, 200 persons of Singpura, Abhaneri, Todarwas and Pipaliya came there, out of which Chhitar, Ghasi, Bhagwana, Laxminarain, Sanwal Ram, Kishore, Kori Lal, Rooplya, Parsa, Dola, Panchya, Kalu, Sitaram, Moolya, Hari, Gopal, Kalu, Laduram, Narsinga, Partyo, Nathu, Ramratan, Revad, Mangya, Badri, Gopal, Chhitar, Chhaijyo, Lacchyo, Ganga Ram, Janyo, Laxmi Narain, Lala, Babu, Bhagwana, Chhotu etc. , were belonging to Singpura; Mahadeva, Bhagwana, Kishan, Janyo, Ram Karan, Mangla, Pappu were belonging to Todarwas and Revad who came there with his Tractor and driver Ramswaroop were belonging to Pipaliya. One tractor was brought from Maheshpura. Four tractors of Chhitar, Kalu, Rooplya and Sitar-am were brought from Singpura. Ten persons were belonging to Abhaneri, names of these persons so also names of other persons I do not know. All these persons came there in tractors and they started to plough our crops. Then our persons Motiram, Ramdev, Ramesh, Kishan Lal and Govinda went there to make them understand then they started beating them. When they were beating with Lathi, Gandasa, Kharwadia, we apprehending the quarrel ran away from there, then they started beating us. Ladies were also beaten and they drove the tractors towards us to kill us. Then to mediate, Prabhata, Ramchandra Gurjar, Narain, Harsai etc. came there and mediated with great difficulty. If these persons had not been there then our so many persons would have been crushed and killed by tractors. These persons had assaulted us to take away our life. I had brought the injured persons to Hospital. The report is being submitted, the action be taken. "
(3.) THE prosecution in its endeavour to bring home the offences against the appellants and the co-accused who have since been acquitted, examined Dr. B. L. Bhatia (PW-25) who conducted post mortem of the dead body of Motiram. THE doctor found the following injuries on the dead body of Moti Ram: " 1. One lacerated wound 5 x 1 1/2 cm Scalp bone deep covered with thick dark blood. 2. Stitched wound 1 1/4 cm long, on forehead above left eye due to which left eye was found bluish. 3. Stitched wound 1 1/2 cm long. 4 Contusion 1 3/4 x 1/2 cm. on right eye, lower and exterior part. " In the opinion of the doctor, all the injuries sustained by Motiram were caused by blunt weapon within six hours before death and were there at the time of examination. Death in the opinion of the doctor was result of coma due to extradural haemorrhage caused by head injury which was sufficient to cause death in the ordinary course of nature. Dr. B. M. Sharma, who was examined as PW-21, stated that on 29. 9. 1993 he had medico legally examined Ramjilal (PW-7) and found following five injuries on his person: " 1. Swelling 3 x 1/5 cm on the back part of head, pink red coloured. 2. Bruise 4 x 1. 5 c. m. on middle part of left arm anteriorly, pink-red coloured. 3. Bruise 13 x 2 cm on right side of back. 4. Bruise 8 x 2 cm pink-red coloured on left side of chest. 5 Bruise 3 x 1 cm on back part of right shoulder". In the opinion of the doctor, all the injuries were simple and caused by blunt weapon within duration of 24 hours. ;