GOPAL KLSHAN SHARMA, J. - (1.) THIS appeal has been preferred against the judgment dated 19 -12 -1984 passed by the Sessions Judge, Tonk in Sessions Case No. 13/1984 whereby he convicted all the accused appellants for the offence Under Section 148, IPC and sentenced each of them to 3 years R.I. He also convicted all the appellants Under Section 302, IPC or in the alternative under Section 302/149, IPC and sentenced each of them to life imprisonment and a fine of Rs. 200/ - in default whereof to undergo further 2 months R.I. He also convicted all the accused appellants for attempt to murder Mangilal, Ramlal Ramnath, Rameshwar, Ramchand and Sukha, and convicted them for the offence Under Section 307, IPC or in the alternative Under Section 307/149, IPC, and sentenced each of the appellants to 10 years R.I. and a fine of Rs. 100/ - each, in default of payment whereof to further undergo one month's R.I.
(2.) WE would like to mention that it is most unfortunate that the learned Sessions Judge could not arrive at a definite conclusion whether the appellants are guilty for the offence under Section 302, IPC or are guilty of the offence under Section 302 read with Section 149, IPC. Similarly, he could not come to a definite finding whether the appellants are guilty of the offence under Section 307 or 307/149, IPC. No doubt charges were framed in the alternative but after recording the evidence the learned Sessions Judge should have come to a definite finding as to what offence has been committed by the accused appellants. Such sort of finding by the learned Sessions Judge indicates that he could not apply his mind and was unable to arrive at a conclusion as to which offence has been committed by the accused persons. On 21 -9 -1983 Ranchumal (PW 1) who was posted as ASI at P.S. Deoli received a telephonic message at 4 p.m. that some dispute had taken place regarding some agricultural land at village Ramthala. He after recording this information in the Roznamcha along with Head Constable Chitarmal and constable Rameshwarlal and some other constables left the police Station for Ramthala in a Matador vehicle. When he came to the Choraha of Ramthala, he was informed that some of the injured persons had gone to Sangrampura. At this the ASI proceeded to Sangarmpura and found Ramnath, Ranglal, Ramlal and one more injured lying there. He brought them for treatment to Deoli hospital. When he was going to the hospital. Ramlal told him that three injured persons were lying near Ramthala village. He then reached there and found that three persons were lying there injured. Two of them were conscious, while one was unconscious. He brought those three persons also in the same Matador vehicle and came to Deoli hospital. The doctor was on leave and as such the compounder attended them and told that one of those persons, namely, Jagannath, had expired. From Deoli hospital, he telephoned to the police station and the SHO and ASI, Ram Singh came to Deoli hospital.
(3.) THE injured Ramlal son of Kalyan gave his statement and Parcha Bayan was recorded in which he narrated that on 19 -9 -1983 Ramdayal and others gave beating to their co -cultivator Ratiram son of Dhula resident of Ramthala. In order to find out the condition of Ratiram, he, Sukha, Jagannath, Mangilal, Rammnath, Ramchand, Rameshwar and Ramlal residents of Sangrampura came to Ramthala on 21 -9 -1983 and went to the house of Ratiram. In the night they remained at the house of Ratiram. In the morning they started from his house towards their village on foot. At about 10.11 A.M. when they were in the Khal of Ramthala, Ramdayal, Bheru, Jagdish, Onkar, Jagannath, Deviya, Tulsya, Mahadev, and Ratnya along with three other persons armed with lathis and pharsis came there and started beating them. They were uttering words, 'kill them today'. Ramdayal, Jagdish, Deviya and Tulsya were armed with pharsis, while others were having lathis. When they were beating them, the villagers who were standing there did not secure them and were seeing the incident. After beating them, all those persons ran away. He further narrated that Ramdayal inflicted blows on both of his hands by pharsi. Sukha was beaten by Ramdayal, Bheru, Deviya and Tulsya. He was under so much fear that he could not narrate further as to which accused beat him. According to him, there was a dispute between them and the accused persons regarding land and the cases are pending in the revenue courts. In the revenue court at Tonk, they were successful in the suit, and the appeal is pending against that judgment at Ajmer. On account of this enmity, the accused persons beat them.;