- (1.) AS per the case of the prosecution, Balbir Singh (PW7) had lodged the report (Ex.P6) at Police Station Tapukada, District Alwar on 23/04/1996 at 9.15 a.m. stating that on the same date i.e. the date of the occurrence at about 8.00 a.m., 28 accused persons namely; Rukku, Nanda, Hasam, Kasam, Kalu, Jahariya, Juhruddin, Jomu, Subban, Basira, Ismalli, Majru, Sarmu, Jumma, Rujdar, Isab, Akbari, Hasanbasiri, Majji, Farida, Asubi, Rasmeena, Jameela, Bhajji, Hajara, Jatuni, Gunnak Kasai and Umardeen Kasai came and murdered his younger brother Resham Singh. All the accused were sent for trial in the case arising out of FIR No.113/1996 registered at Police Station Tapukada, District Alwar for offence u/Ss.147, 148, 149, 341 and 307 IPC and Sections 5/8(1), 8(2) and 9(2) of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
(2.) THE trial court vide impugned -judgment dated 04/02/2006 acquitted 22 co -accused of the appellants by returning a finding that Fajru S/o Mauja Mev, Juhruddin S/o Isab Mev, Subban S/o Muhuru Mev and Rukku S/o Dalveer Mev have committed the murder of Resham Singh and thus, they are guilty of offence under Section 302 read with Section 34 IPC. However, these accused -appellants were acquitted of the charge for offence u/Ss.147, 148, 149 and 341 IPC as well as Sections 5/8(2) and 9(2) of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995. Having convicted the appellants for above offences, the trial court sentenced the accused -appellants, as under: - Appellant -Rukku: - for offence u/S.302/34 IPC: - Life Imprisonment and pay a fine of Rs.5,000/ - and in default thereof, to further undergo one year simple imprisonment. Appellant -Subban: - for offence u/S.302/34 IPC: - Life Imprisonment and pay a fine of Rs.5,000/ - and in default thereof, to further undergo one year simple imprisonment. Appellant -Fajru: - for offence u/S.302/34 IPC: - Life Imprisonment and pay a fine of Rs.5,000/ - and in default thereof, to further undergo one year simple imprisonment. Appellant -Juhruddin: - for offence u/S.302/34 IPC: - Life Imprisonment and pay a fine of Rs.5,000/ - and in default thereof, to further undergo one year simple imprisonment. The trial court primarily convicted the appellants for the above offence u/S.302 read with Section 34 IPC on the ground that these four appellants had caused the injuries on the person of deceased -Resham Singh, whereas remaining accused had not caused any injury to deceased -Resham Singh, the only person injured on the side of the complainant -party. One of appellant Juhruddin, as per prosecution had suffered pellet injuries from the shot fired by co -accused Bashir from a 12 bore gun, however defence persist and it has been urged during the course of arguments that Juhruddin suffered injuries in the occurrence at the hands of the complainant -party and the non -explanation of injuries on the person of accused, is fatal to the prosecution, therefore, even though right of self -defence has not been pleaded, we should infer from the prosecution case that accused acted in their self -defence to cause death of Resham Singh.
(3.) SUFFICE it to say that no accused in statement u/S.313 Cr.P.C. has pleaded right of self -defence or has given any version further while conducting cross -examination of the witnesses. No suggestion has been given that Juhruddin had suffered injuries in the occurrence at the hands of the prosecution witnesses. We need not examine the contention raised regarding complete right of self -defence of person of the accused as during the course of arguments, Shri R.K. Mathur, learned senior counsel appearing for appellants Subban, Fajru and Juhruddin and Shri A.K. Gupta, learned counsel appearing for appellant Rukku have modulated their submissions and have canvassed that the right to defend property vested in the appellants and they have exercised the same. Taking note of the arguments raised before us, we shall decide D.B. Cr.Appeal No.158/2006 : Rukku Vs. State of Rajasthan, D.B. Cr.Appeal No.159/2006 : Subban Vs. State of Rajasthan and D.B. Cr.Appeal No.160/2006 : Fajru and Anr. Vs. State of Rajasthan together, since all these three appeals assail the same impugned -judgment rendered by trial court, they are being decided by this common judgment. The criminal proceedings in the present case were initiated on the basis of the FIR (Ex.P.6) lodged by Balveer Singh (PW7) elder brother of deceased -Resham Singh. In the FIR, it has been alleged by Balveer Singh (PW7) that on 23/04/1996 at about 8.00 a.m., he along with his younger brothers Resham Singh and Vajir Singh (PW8) and his uncle Inder Singh's son Dilip Singh (PW14) and Datar Singh (PW5) were sitting in their 'dhani' (house built up in the farm) at Nimbahedi. They found that from the side of village Nimbahedi, a herd consisting of 150 cows was being tended by number of persons consisting of Rukku S/o Dalveera Mev, Natha, Hasam, Kasam brother of Hasam, Kalu, Juhruddin, another Juhuru, Jomu, Subban, Bashira, Rujdar, Ismalli and other persons, who were armed with 'pharsi' and 'lathi'. They were beating the cows and were taking the herd towards the 'kala pahad' (black mountain). They were telling each other that herd be taken to the mountain hurriedly as much time of the day has been spent. Hearing this, complainant -party followed them. Resham was armed with Jelli having two prong fork. The accused were taking the cows to the mountain for slaughtering and the complainant -party thought that it is their duty to save cows from slaughter. They followed the accused and when they reached at the village well, before beginning of the mountain, they encircled the cows. Accused pelted stones at complainant -party but they turned the herd of cows towards their village. When they reached near the 'bammoo ki dhani' then, Bashir while running towards 'bammoo ki dhani', called persons from his 'dhani'. When complainant -party was taking the herd of cows through the 'nala' (water channel), 25 -30 persons consisting of ladies came there from the side of 'bammoo ki dhani' armed with gun, 'lathi', 'barchi' and 'tanchia' and encircled the complainant -party. Bashir fired a shot and the pellets hit Juhruddin, who was on the opposite side. When the complainant -party made an attempt to save them, then, Juhruddin, Rukku, Subban, Fajru chased Resham Singh. Juhruddin caused a 'pharsi' blow on the head of Resham Singh, Rukku caused 'tanchiya' blow on the head of Resham Singh, Subban caused lathi blow on the head of Resham then, Resham slipped and fell down. Then, Fajru inflicted 'pharsi' blow at Resham while he was lying on the ground, which hit him at his left palm. The other accused also inflicted blows to Resham when he was lying on the ground. Resham died at the spot.;