- (1.) RANGDEV S/o. Kana, Surajbhan S/o. Shrawan, Chandwan @ Chandya S/o. Shrawan, Jaidev S/o. Kana, Ramdhan S/o. Shyoji, Heeralal S/o. Mewaram, Biramdev @ Bachhi S/o. Kana, Gopal S/o. Bhura @ Bhanwara, Padamaram S/o. Dhanna, Ramkaran S/o. Dhanna, Shyoji S/o. Dhanna, Raju @ Rajpal S/o. Ramkaran were sent for trial in case arising out of FIR No.77/05 registered at Police Station Bandar Sindari for offences under Sections 147, 148, 149, 323, 325, 506, 307 and 302 IPC. In the present case, FIR (Ex.P.4) was registered on the basis of written report (Ex.P.3) presented by Dev Narain (P.W.5) before Hari Narain (P.W.27). Dev Narain (P.W.5) had appeared at the police station and submitted written report (Ex.P.3) which when translated into English, reads as under: - To, The SHO Sahib, Police Station Bandar Sindari, Ajmer. Sub.: Regarding murderous assault committed. Sir, It is submitted that I Dev Narain S/o. Rodu Gurjar is resident of Nohariya. Today on 14.10.2005 at about 4:00 PM on the tea vend of Bajrang S/o. Ramlal Gurjar at Nohariya Balaji I, alongwith Bharav, Shrawan S/o. Suraj Karan Gurjar, Kana S/o. Suraj Karan, Deva S/o. Gordhan, Ramdev S/o. Suwa, Dayal S/o. Kana were taking tea. Suddenly one pickup van of white colour without number belonging to Raju S/o. Ramkaran Gurjar, Naya Gaon (Harmada) came. 20 -25 persons alighted from the said pickup van armed with countrymade revolver, double barrel gun, farsi and lathies. Immediately on arrival Shyoji S/o. Bhura, Hardeen S/o. Shyoji, Biramdev S/o. Kana, Jaidev S/o. Kana, Mitu S/o. Kana, Rangdev S/o. Kana, Sardar S/o. Kana, Ramdhan S/o. Shyoji, Surajbhan S/o. Shrawan, Chandban (Chandya) S/o. Shrawan, Ganesh S/o. Biram Chand Gurjar, Bhagchand S/o. Birda Gurjar (Juwana), Hazari S/o. Naru Chad all residents of Nohariya and Padmaram, Ramkaran, Hiralal, Shyoji, Raju S/o. Ramkaran, Prabhu S/o. Mewa Gurjar, r/o. Poshwalo Ki Dhani, Naya Gaon, Harmada and Gopal S/o. Gurjar resident of Gahalota and other persons came. Immediately on arrival, they made murderous assault upon Shrawan, Ramdev, Kana, Deva and me with Farsi, Kulhadi. After showing countrymade pistol and double barrel gun they said we will kill you. We made an attempt to ran away. Then they attacked us with Farsi, Kulhadi, Lathi. On raising noise by us, persons sitting on Thadi namely Girdhari S/o. Chhitar, Ramlal S/o. Sonath, Prem S/o. Kana, Jadav S/o. Kana came forward to rescue us. Meanwhile, Kamla W/o. Jaidev, Surgyan W/o. Ramdev also attacked us by pelting stones. Hardeen and Jaidev caused injuries with Farsi upon the persons who were lying injured. They ran after me to apprehend me and snatched gold Mandaliya (an ornament). They made an attempt to cause me injury with Farsi. I ran to save my life. They were giving abuses and were showing gun and countrymade pistol and were threatening that they will kill everybody. After giving threats they left the spot in pickup van towards Patan. In the murderous assault made Shrawan S/o. Surajkaran, Kana S/o. Surajkaran, Ramdev S/o. Suwa, Deva S/o. Gordhan received serious injuries. Due to grudge, they have made murderous assault. Therefore, it is prayed that necessary action be taken against these persons so that they cannot again assault us. Sd/ -"
(2.) A perusal of the above FIR reveals that Shrawan S/o. Surajkaran, Kana S/o. Surajkaran, Ramdev S/o. Suwa and Deva S/o. Gordhan had received injuries. It is to be noted that even though Shyoji was stated to be armed with firearm, no firearm was used in the occurrence.
(3.) DR . Manmohan Sharma (P.W.10) on 14.10.2005 at 5.40 PM examined Shrawan and as per injury report (Ex.P.10) he had found following injuries on his person: - "1. Laceration 3 x 1 x 1/2 cm on left leg stab on middle. 2. Laceration 3 x 1/2 x 1/2 cm on back of left hand near thumb. 3. Contusion 2 x 2 cm on back of left wrist. 4. Contusion 2 x 6 cm on epigritrian. 5. Contusion 2 x 8 cm on right lower chest. 6. Linear abrasion in front of left thigh." A perusal of the above injuries reveal that injury No.1 is on the left leg, injuries No.2 and 3 are on left hand and wrist, injury No.4 is on abdomen, injury No.5 is on the chest and injury No.6 is linear abrasion on thigh. Since condition of Shrawan was serious, on the same day at 8.45 PM he was referred to JLN Hospital, Ajmer.;