S.S. Byas, J. - (1.) This is a joint appeal directed against the judgment of the Sessions Judge, Churu dated July 29,1983, by which eleven appellants-Rajendra Singh, Ram Chandra Singh, Mahendra Singh, Udaisingh, Sajjan Singh alias Surjansingh, Siwaisingh, Karnisingh, Man singh Bhanwarsingh, Durjansingh and Sajjansingh s/o Harisingh were convicted under sections 302/149, 307/149, 325/149,323/149, 148 and 447, I.P.C. and were sentenced to imprisonment for life with a fine of Rs. 1030/- on the first count (under section 392, I.P.C.) and to various terms of imprisonment on the remaining counts, the highest being of seven years with a fine of Rs. 1000/- under section 307/149, I.P.C. The incident is alleged to have taken place at about 12.00 Hours (noon) on September 9, 1980 in Khasra Number 419 (measuring 34.15 Bighas) is Rohi Mauja Dhanaoo district Churu.
(2.) Briefly stated, the prosecution case is that Khasra No. 419 is situated in Rohi Mauja Dhandoo in district Churu. It is a Johad (pond) with maltan (catchment area) and was being used by the inhabitants of village Dhanaoo for providing water to their cattle from time simmemorial. However, in the settlement which took place before 1978, the Settlement Department of the State Government entered it in favour of Phoolgiri Goswami and his brothers of village Dhanado in the Settlement Records. The inhabitants of village Dhanoo raised protests and objections against this entry and made representation in writing (Ex P.27) before the Revenue Minister of the State Government. But with no success. The Revenue Officers of the District also raised protests against the said entry made in the Settlement Records. The Naib Tehsildar Rajgarh presented report Ex.P.28 on July 19, 1978 before the Tehsildar for proper action in the matter. The inhabitants of the village presented an application before the Executive Magistrate. Rajgarh to initiate a proceeding under section 145, Cr.P.C. in respect of this Khasra number. The Executive Magistrate directed the police to make an enquiry and submit the report. The police, after enquiry, submitted a report stating therein that since the entry of Khasra Number 419 was wrongly made in favour of Phoolgiri and others in the Settlement Records and the inhabitants of the village were raising protests against it, there was a likelihood of the breach of peace between the two factions. The Executive Magistrate drew-up a preliminary order (Ex.P.25) on October 12, 1978 and issued notices to the the both parties to put in their written p statements, in support of their claims over this Khasra along with it finding it to be a case of emergency, and Executive Magistrate took the Khasra under attachment and appointed Tehsildar, Rajgarh as the Receiver. The Khasra 419 was eventually taken under attachment by the Receiver.
(3.) However, Phoolgiri and his brothers, disregarding the attachment sowed the crop of Gawar in Khasra No. 419 somewhere in July 1980. It is alleged that the"appellants and oher inhabitants of village Dhanaoo (twenty to twenty-five in number) took their cattle (two hundred or two hundred fifty in number) in the noon of September 9, 1980 and drove them in the standing crop of Gawar in Khasra Number 419. The cattle started damaging the standing crop. Phoolgiri (deceased-victim), his sons, brothers and the ladies of the family were there in Khasra No. 419 at that time. They resisted the damaging of their crop by the cattle and started collecting them to drive them away. The appellants and their companions, thereupon opened an assault on Phoolgiri and the other members of his family. Appellant Sawai Singh had a Barchhi and Karnisingh had a knife. Kishoresingh (acquitted accused) had a Joyee and Ramkishan (Acquitted accused) had Jelly. The rest had lathies. The appellants and their companions struck blows to Phoolgiri, Parwati (PW 1), Mst. Raj Kaur (PW 3), Rajveer (PW 4), Kalpergiri (PW 5), Magiram (PW 7). Mst. Paiwati (PW II) Dileepgiri (PWI4)and Ugmuam (PW 15) with the weapons they had with them. The beating resulted in multiples injuries to Phoolgiri and the above persons of the complainant party Some of the injuries were severe Phoolgiri left the place and ran for protection, but he fell down in a field nearby. He did not survive and passed away instantaneously on the spot. Before he fell down, his nephew Rajveer (PW4) left the place and went to Police Station. Rajgarh, where he verbally lodged report Ex.P. 1 of the occurrence at about 7.00 P.M. on the same day. The police registered a case and proceeded with investigation. The station House Officer Ramsingh (PW 21) arrived on the spot on September 10, 1980. Before that he was informed about the death of Phoolgiri. Section 302. I.P.C. was, therefore, added. The Station House Officer prepared the inquest report of the dead body of Pooolgiri inspected the site and prepared the site plan He also seized and sealed the blood-stained soil from the site. The post mortem examination of the deadbody of Phoolgiri was conducted on September 10, 1980 by PW 19 Dr. B. K. Deora the then Medical Officer Incharge Government Hospital, Churu. The post-mortem examination report prepared by him is Ex.P.32. In his opinion, the cause of death of Phoolgiri was internal haemorrhage and head injury. He also examined the injuries of the person of Raj Kaur, Maniram. Ugmiram, Dileepgiri, Kripalgiri, Mst. Parwati W/o Kripalgiri and Mst, Parwati W/o Ramswaroop. The injury reports prepared by him are Ex P 33, Ex.P.36. Ex.P.38, Ex.P.40, Ex.P.4', Ex P 42 and Ex.P.43. The injuries of Rajveer were examined by Dr. Megbsingh (PW20) and he prepared injury report Ex P 44 The x-ray examination of the injuries of the injured persons was made by PW 24 Dr Verma. The x-ray examination revealed that some of the injured persons had received grievous injuries being the fractures of bones. The appellants and their companions were rounded up. In consequence of the information furnished by them, some lathies and other weapons were recovered. On the completion of investigation, the police submitted a challan against the appellants and twelve others persons in the court of Munsif & Judicial Magistrate, Rajgarh, who, in his turn committed the case for trial to the Court of Sessions. The Sessions Judge framed charges under sections 148, 302/149, 307/149, 325/149, 326/149, 323/149 and 447, I.P.C. Against all of them, to which they pleaded not guilty and claimed to be tried.;