JAS RAJ CHOPRA, J. - (1.) ACCUSED Pancha Ram Sabuda, Manchhiya, Harjida, Shankernath, Jagdish Nath and Peeriya were tried for the offences under Sub -section 302, 148, 302/149, 147, 1208 and 109 IPC whereas accused Sukh Ram, Bhopal Chand, Roop Raj and Hamir Mal tried for the offence under Sub -section 302/120B and 302/109 IPC. The learned Addl. Sessions Judge vide his judgment dated September 10, 1974, convicted the appellants Pancha Ram under Section 302 and 148 IPC and sentenced them to suffer rigorous imprisonment for life under Section 302 IPC and to suffer rigorous imprisonment for 3 years under Section 148 IPC. Accused Shanker Nath, Harjida Babuda and Manchhiya were convicted of the offence under Section 302/149 IPC and were sentenced to suffer rigorous imprisonment for life. They were also held guilty of the offence under Section 147 IPC but no separate sentence was recorded against them for this offence. However, accused Peeriya, Jagdish Nath, Sukha Ram. Hamir Mal, Roop Raj and Bhopal Chand were acquitted of all the charges framed against them. The articles recovered were ordered to be destroyed after the expiry of the period of appeal.
(2.) THE prosecution case succinctly stated is that there existed a long standing enmity between deceased Ganesh Dan, Sarpanch and his partly and the accused persons in village Gole. A number of cases were going on between the parties. Cases of murder, attempt to murder, hurt and so on were instituted or have been pending against each other. In some of them, rival parties were acquitted and in others they were convicted and so, the enmity was deep rooted between the two groups who were also contestants for the post of Sarpanch for a number of years. It is alleged that on Fagun Vadi 14 i.e. the night intervening between 17 -3 -1973 and 18 -3 -1973 dances were arranged in village Gole due to the Holi Festival. The bigger Gair danced at Akhariya and the small Gair danced in the Chohhata of the village as usual. It is alleged that at about 9 p m. in the night, deceased Ganesh Dan who was Sarpanch of the Gram Panchayat, Gole, went to take tea at the shop of Jaina Maharaj situated somewhere near the Chohhata. His brother -in -law Sohandan came to his house to enquire about his health, He was told by the daughters of Ganesh Dan that Ganesh Dan was better and has gone to take tea at the shop of Jaina Maharaj. It has been alleged by Sohan Dan that Ganosh Dan was not keeping well for the past about one month. He proceeded towards the hotel of Jaina Maharaj in order to meet him. When he came to the Chohhata, he found that small Gair was dancing and so. he stopped near the hotel of Poonama Khatri and started to witness the Gair. After some time, Ganesh Dan also came there from the side of Jaina Maharaj's hotel and stood near the hotel of Poonama Khatri. He was holding one small stick in his hand. It is so alleged that when he arrived there and started watching the Gair, accused -persons Pancha Ram Shankernath, Harjida, Manchhiya, Babuda, Peeriya and Sankal Nath and Jagdish Nath came from behind the Pegion -Chabutra (Rostrum for Pegion) armed with Pharsis Kulhadis and Dhariyas in pursuance of a conspiracy which they hatched with accused Sukh Ram, Bhopal Chand, Roop Raj and Hamir Mal at the house of Hamir -mal. It is so alleged that when Ganesh Dan reached the Chohhata, Hamir Mal and Sukh Ram gave a signal to the accused persons who were inside the house of Hamir Mal and thereafter, accused persons immediately came there. Accused Pancha Ram, Shanker Nath and Harjida were armed with Dharias whereas accused Babuda and Manchiya were armed with Kulhadis and Sankal Nath and Peeriya were armed with lathies. As soon as they came near Ganesh Dan Pancha Ram availed of him and struck a Dhariya blow on the neck of Ganesh Dan on his right side by which his turban fell down and Ganesh Dan too, started falling down. At that point of time other four accused persons i.e. Sankal Nath Harjida, Babuda and Manchhiya also availed of him with the weapons which they were carrying and seriously injured him by which he fell down on the ground. Sankal Nath and Peeriya were wielding lathies and told the persons present there not to come near them or intervene, otherwise they will also meet the same fate. This desisted one and all from rescuing the Sarpanch by coming near the place of incident. The persons who were taking part in the Gair ran away from the place.
(3.) THE prosecution has come with the case that accused Sohan Dan was present there. He implored the accused persons not to beat Ganesh Dan. This request of Sohan Dan was supported by Gepariya and Poonam who were also sitting in the Chohhata at the Chabutri situated in front of the house of Poonamchand Khatri. However, the occurrence did not take more than a minute and the accused persons after killing Ganesh Dan went away. It is so alleged that after the accused persons left the place of occurrence Sohan Dan, Gepa and Poonama Mali went near Ganesh Dan but he was dead Poonama then went to his house. Gepa remained there to guard the dead body of Ganesh Dan and Sohan Dan went to report the matter to the police. He met Bagta Ram. Head Constable, in Akhariya where bigger Gair was being danced. He informed him that these 7 accused persons armed with Dharias, Kulharis and lathies have killed Ganesh Dan and his dead body is lying in the Chohata. On this information, Bagta Ram accompanied Sohan Dan and came to the Chohhata and saw the dead body of Ganesh Dan and immediately went to the post office situated in the Gole and rang up the SHO, Jalore and informed him about the incident. The SHO directed him to protect the dead body and site and further informed him that he is reaching the place of occurrence.;