Gopal Krishan Vyas, J. - (1.) INSTANT Criminal Appeal has been filed by the appellants Vachna Ram, Kola Ram and Asha Ram all sons of Chogaji by caste Purohits, resident of village Bhavatara, P.S. Saila, District -Jalore under Section 374(2) Cr.P.C. against the judgment dated 16.10.2006 passed by learned Additional District Judge (FT), Jalore in Sessions Case No. 4/2006 by which all the three appellants were convicted for offence under Section 302 read with Section 34 I.P.C. and for offence under Section 447 I.P.C. The punishment imposed upon the appellants are as follows: JUDGEMENT_284_LAWS(RAJ)1_2015.htm As per brief facts of the case, a written complaint Ex. P. 6 was filed by the P.W. 2 Smt. Aadra at Police Station Saila on 23.10.2005 at 2.00 P.M. in which P.W. - 2 Smt. Aadra Wife of Kasturaji alleged that on 23.10.2005, She and her two sons namely Hadmata Ram and Babu were doing their work upon agricultural field where they reside. At about 12.00 P.M. his three neighbours Vachana Ram, Asha Ram and Kola Ram sons of Chogaji started cutting the tree of Raida. At that time, the complainant's son Babu and brother Neti asked them not to cut the tree because the said tree is grown upon their land and will ask the concerned Patwari and after taking measurement you may cut the tree if the tree is situated in their agricultural field.
(2.) AS per allegation of the complainant, the accused -appellants did not stop even when they were asked to stop cutting the tree and upon objection they entered in their agricultural field with axe, Favda and assaulted the brother of complainant and son. As per allegation Vachna Ram was having knife (Chura) and Asha Ram and Kola Ram were having axe and they inflicted injuries by knife and axe to both the persons Neti and her son Vaga and due to injuries, brother of complainant Neti died on the spot and thereafter accused -appellants can away from the site. It is also stated in the complaint by the complainant that after hearing noise of cry her neighbour Roop Singh came, on the spot to whom she narrated the incident and thereafter, the injuries son of complainant Babu was taken to hospital at Saila for treatment. The complainant further stated in the complaint that there is quarrel going on with regard to demarcation of land between the agricultural field of both the parties and due to objection raised by the complaint and her son and brother not to cut the tree of Raida, they illegally entered in the agricultural field of complainant and assaulted and inflicted injuries by knife and axe and due to those injuries, Nethi brother of complainant died on the spot whereas son Babu was taken to the hospital. Upon aforesaid written complaint Ex. P. 6 the S.H.O. Police Station, Saila, registered a case under Sections 447, 324, 307, 302 and 34 I.P.C. and commenced the investigation. In the investigation, the dying declaration of deceased Baga Ram S/o. Kisturmal was recorded by the Judicial Magistrate First Class, District -Jodhpur on 25.10.2005 and thereafter injured Baga Ram died in the hospital on 27.11.2005 after one month and four days.
(3.) THE postmortem report of deceased Neti was conducted on 23.10.2005 vide Ex. P. 15 and postmortem of deceased Baga Ram was conducted on 27.11.2005 vide Ex. P. 19. The police after thorough investigation filed challan against the accused appellants in the Court of Judicial Magistrate First Class, Jalore under Sections 447, 302 and 302 read with Section 34 IPC and for offence under Section 4/25 Arms Act.;