JAS RAJ CHOPRA,J. - (1.) THIS is an appeal against the judgment of the learned Addl. Sessions Judge No. 2, Jodhpur dated January 27, 1978 whereby the learned lower court held the accused appellants guilty of the offences as under: (1) Karim Khan : Under Sections 325, 147, 323/149, 435/149 IPC; (2) Bhagwan Singh : Under Sections 435, 147, 325/149, 323/149, IPC; (3) Inder Singh, (4) Roop Singh, (5) Saitan Singh, (6) Gani Khan, (7) Mehardin, (8) Bhoore Khan : Under Sections 147, 323, 435/149, 325/149 IPC; (9) Safi Khan : Under Sections 147, 435/149, 325/149, 323/149, IPC. Out of these 9 accused persons, Bhagwan Singh, Safi Khan and Gani Khan have been given the benefit of Probation of Offenders Act and, therefore, they have preferred no appeal.
(2.) THE remaining accused persons have been sentenced by the learned lower court as follows : (1) Karim Khan Under Section 325 IPC : 2 years' R.I. and a fine of Rs 200/ -, indefault to undergo 2 months' simple imprisonment, Under Section 147 IPC : one year R.I. Under Section 435/149 IPC : 6 months R.I. and a fine of Rs. 200/ - in default, to undergo 2 months simple imprisonment, Under Section 323/149 IPC : 6 months R.I. (2) Inder Singh ) Under Section 325/149 IPC : 2 years' R.L and (3) Roop Singh ) a fine of Rs. 200/ -, in default to undergo 2 (4) Saitan Singh ) months simple imprisonment, (5) Mehardin Under Section 147 IPC one year R.I. (6) Bhoore Khan Under Section 435/149 IPC 6 months R.I. and a fine of Rs. 200/ -, in default, to undergo 2 months simple imprisonment, Under Section 323 IPC 6 months R.I. All the substantive sentences were ordered to run concurrently. The facts necessary to be noticed for the disposal of this appeal briefly stated are that the fields bearing Khasras No. 48 and 49 are situated in village Meghlasiya. Moti Ram and Magna Ram, etc., are living in a Dhani situated in two biswas land of Khasra No. 49. They claimed that the field bearing Khasra No. 48 is also in their cultivatory possession. It is alleged that on July 19, 1976, at about 3 p m, all the 9 accused persons along with some other persons came to field bearing Khasra No. 48 with 8 ploughs. They started cultivating the field from its southern side. At that time, Moti Ram, Ghewar Ram, Magha Ram and Alla Ram were present in the Dhani. They asked the accused persons not to do so but the accused persons did not listen to them. On this, the complainant party went to its own Dhani and sat there. After about 2 -3 hours, the accused -party started ploughing the way of leading to the Dhani of complainant party. On this, the complainant party again asked the accused persons not to do so. It is alleged that accused Bhagwan Singh told them that they will not allow them to come out of the Dhani. After that, he lit fire to the thorn fencing of the Dhani by which some portion of the thorn fencing and a heep of the grass were completely burnt. The accused persons them entered into the Dhani of the complainant -party and there, they gave beating to Motiram, Magharam, Ghewarram, Mst. Rami and Mst. Bhanwari. Magharam, Motiram and Ghewerram received grievous injuries and Mst. Rami received simple injuries. It is alleged that Mst. Bhanwari and Chhotiya also received injuries but their injury reports have not been produced. After this, the accused persons ran away from the spot. It will be useful here to mention that this field has been recorded as Tanaja from the year 1975 and as per the orders of the SDO and Tehsildar, it was recorded that 1/2 of the field is cultivated by the complainant party and 1/2 of the field as cultivated by accused Bhagwansingh and Mst. Dhapu etc. It is alleged that while leaving the place of occurrence, the accused persons asked the complainant party not to come out of the Dhani otherwise they will kill them. However, Allaram and Antaram come there in the night and when they saw the condition of the injured persons, they went to PW 4 Binjaram who was working as a labourer in Gedero -ki -Dhani. PW 4 Binjaram then submitted a written report Ex. P. 9 to the Superintendent of Police, Jodhpur on July 20, 1976. The report was then sent to P. S. Jhanwar for necessary, action.
(3.) ON the basis of this report, a case Under Sections 147, 148, 149, 435, 323 and 447 IPC was registered. The madical examination of the injuries of Magharam, Motiram Ghewarram and Mst. Rami was got conducted on 20th July itself. The injuries were examined by Dr. P. Dayal, Medical Jurist Mahatma Gandhi Hospital, Jodhpur. Tne X -ray examination of the injuries was conducted by Dr. Gopiram Agrawal on July 22, 1976. The injury reports of Magharam, Motiram, Ghewarram and Mst. Rani have been marked Ex. P. 1, 3, 5 and 6 respectively. The injuries on the person of the accused -persons were also examined by Dr. P. Dayal. The site was also inspected. The copy of the Khasra Girdawari has been marked Ex. P. 21 A. The site inspection memo has been marked Ex. P. 22. The blood stained clothes of Motiram and Magharam were seized vide Memos Ex. P. 23 and 24 respectively. Ex. P. 9/1 is the Formal FIR recorded on the basis of Ex. P. 9. After usual investigation, the Police challaned the case against all these 9 accused -persons.The accused persons did not plead guilty to the charges and claimed trial, where upon, the prosecution examined in all 12 witnesses. The statements of the accused person were recorced Under Section 313 Criminal Procedure Code. Accused Bhoorkhan, Mehardin and Safikhan have taken the plea that they were grazing their herd of sheep and they went to rescue Karimkhan who was being beaten by the complainant party and that they have falsely been implicated by the complainant party. The other accused persons viz , Safikhan and Ganikhan have stated that they have been implicated falsely because of the involvement of their brother Karimkhan in the case. The remaining accused persons have taken the plea that they went to the field of Mst. Dhapu with four ploughs. When they were ploughing the field, the complainant party resisted them and started beating. Initially they gave beating to Karimkhan and later to Shaitansingh and other also. They then lodged a FIR of the incident at the Police Station and also filed a complaint of the incident. According to them, they have been falsely implicated. They examined DW 1 Mst. Dhapu, DW 2 Sujansingh in their defence. Muridkhan and Moolsingh have been examined on the point of sentence.;