- (1.) The present appeal has been preferred by Ratan S/o. Shri Harji, Satya Narain S/o. Harji, Chhitar S/o. Sheo Ram, and Yagya Narain S/o. Chhitar. They are aggrieved against the judgment of conviction dated 30th November, 2005 and order of sentence of even date, passed by Additional District & Sessions Judge, (Fast Track), Court No. 3, Ajmer Camp at Kishangarh. We shall briefly recapitulate the facts of the case.
(2.) Twelve persons namely Ratan S/o. Harji, Lalaram S/o. Bhiwda @ Bhiva, Shyoji S/o. shyoram, Satyanarayan S/o. Harji, Jodharam @ Jagdish S/o. Chittar, Chittar S/o. Shyoram, Yagyanarayan S/o. Chittar, Smt. Lali W/o. Satyanarayan, Smt. Jodha d/o Chittar and wife of Kishanlal, Smt. Raja @ Laja W/o. Ratanlal, Smt. Habudi @ Prem W/o. Shyoji and Smt. Bhuri @ Bhanwari W/o. Chhitar were sent for trial in case arising out of FIR No. 51/2000 registered at Police Station, Bander Sindri Distt. Ajmer for offences under Sections 147, 148, 149, 341 and 302 IPC. The trial Court vide its impugned judgment dated 30th November, 2005, acquitted eight persons, namely Lalaram S/o. Bhiwda @ Bhiva, Shyoji S/o. shyoram, Jodharam @ Jagdish S/o. Chittar, Smt. Lali W/o. Satyanarayan, Smt. Jodha d/o Chittar and wife of Kishanlal, Smt. Raja @ Laja W/o. Ratanlal, Smt. Habudi @ Prem W/o. Shyoji and Smt. Bhuri @ Bhanwari W/o. Chhitar. However, the trial Judge convicted appellants Ratan S/o. Harji, Satyanarayan S/o. Harji, Chittar S/o. Shyoram and Yagyanarayan S/o. Chittar for the offences under Sections 302 read with Section 34 IPC and vide a separate order of even date, sentenced them as under:-- "For offence under Section 302/34 IPC : Life imprisonment and to pay a fine of Rs. 5000/- each, in default thereof, to further undergo one year simple imprisonment each."
(3.) Criminal proceedings were set into motion upon written report (Ex. P/1) submitted by Hanuman (P.W.1) eye-witness of the occurrence. The report made to the police when translated into English reads as under:-- "To Station House Officer, Police Station, Bandar Sindari. Subject: Lodging of the report. Sir, It is submitted that I Hanuman S/o. Laxman, caste Jat, is resident of Budhoti Village. Today, on 18th July, 2000 at about 6 P.M., I and my father alongwith our cattle had gone to the well, so that animals could drink water. After cattle had taken the water, we were returning to our house. At about 6.15 P.M., when we reached opposite the house of Bhagchand Dakot, then from the deserted house of Ram Niwas Dakot, armed with kulhari (axe), Farsa and lathies, accused Chittar S/o. Shyoram, Shyoji S/o. Shyoram, Ratan S/o. Harji, Satya Narayan S/o. Harji, Yagyanarayan S/o. Chittar, Jodha S/o. Chittar, Lala S/o. Bhiwda Gurjar, Bhuri W/o. Harji, Habudi W/o. Harji, Laja W/o. Ratan Lal, Lali W/o. Satyanarayan, Jodhmal S/o. Chittar and others suddenly emerged and attacked us. Chittar gave a blow of kulhari (axe) on foot of my father, due to which, he fall down. While, he was lying on the ground, everybody caused injuries to my father with kulhari (axe) and Farsi. Out of fear, I raised noise, which attracted my mother Hastudi, Suha Jat and Ugma Ghatala and other residents of the village to the spot. The above said accused, after causing injuries to my father decamped from the spot. People of the village had seen accused causing injuries to me and my father. Thereafter, I, my mother and other people of the village brought my father who was lying on the spot to Kishangarh Hospital where, he was declared dead. Above said all persons had caused injuries to my father. We are having dispute over the land with the accused. I am making report, action be taken. Report submitted by Hanuman S/o. Laxman R/o Budhoti.";