JAS RAJ CHOPRA,J. - (1.) THIS is an appeal against the judgment of the learned Additional Sessions Judge No. 2 Alwar dated 21 -7 -1975 whereby the learned Sessions Judge has held the accused Kishna and Amichand guilty of the offence under Sections 147, 302/149, 307/149, 325/149 and 323/149 and has sentenced each one of them to one year's rigorous imprisonment on the first count; to imprisonment for life and a fine of Rs. 500/ - and in default of payment of fine to further undergo three months rigorous imprisonment on the second count; to 7 years rigorous. imprisonment and a fine of Rs, 500/ -and in default, to undergo three months' rigorous imprisonment on the third count and to two years rigorous imprisonment and a fine of Rs. 200/ -and in default, to undergo one months rigorous imprisonment on the fourth count and to three months rigorous imprisonment on the last count. Accused Amichand was further convicted under Section 148 IPC and sentenced to one year's rigorous imprisonment. All the substantive sentences were ordered to run concurrently.
(2.) ACCUSED Ramjilal who also faced trial along with these accused -appellants has been acquitted by the learned lower court by giving him the benefit of doubt. The facts of this case briefly stated are that two agricultural fields bearing Khasras No. 5192 and 5193 measuring 34 bighas and 5 bighas respectively are situated in village Rampura, Tehsil Bansur, District Alwar. Their possession was ordered to be delivered to deceased Gyarsilal by an order of the Sub -Divisional Magistrate. The Tehsildar ordered the Patwari to hand -over the possession. PW 16 Patwari Prabhudayal along with deceased Gyarsilal, PW 1 Sunderlal, PW 2 Ramprasad, PW 4 Mohansingh, PW 5 Ghasi, PW 7 Chhaju, PW 6 Moti, PW 8 Chhitar, PW 12 Kanhaiya and PW 19 Bagirath went to Kalyanpura to deliver the possession to Gyarsilal on July 5, 1971 at about 9 a.m. It is alleged that some 30 -35 persons armed with Pharsis, knife, daggers and lathis have assembled at the place of the occurrence and they resisted the delivery of the possession. The Patwari read over the order of the Tehsildar to them in which it was mentioned that the possession of the disputed land should be handed over to Gyarsilal but the persons present there told him that they will not allow the delivery of the possession. It is alleged that on this, Patwari along with Gyarsilal and others tried to go back from the place of the occurrence and at that time, some of the persons from the side of the accused told that enemies have come and so, they should not be spared. On this exhortation, Amichand who was armed with a Kassi struck a blow on the head of Gyarsilal whereas Kishna who was armed with a knife and dagger inflicted a blow on the back side of Gyarsilal and then all others started beating him with knives, Pharsis and lathis. PW 1 Sunderlal intervened and he too, was seriously injured. Some injuries were even received by the Patwari PW 16 Prabhudayal. After the incident, injured Gyarsilal and Sunderlal were shifted to the General Hospital, Alwar where their injuries were examined by Dr. P.S. Agarwal. Since the condition of the injured Gyarsilal was fast deteriorating, the Doctor attending Gyarsilal informed the Head Constable PW 14 Kali Shanker to record his dying declaration. He recorded his dying declaration at 6.30 p.m. in the presence of Dr. P.S. Agrawal as well as PW 3 Manoharlal and PW 20 Nathuram. As his condition showed no signs of improvement, the second dying declaration was got recorded by the Magistrate Shri Jagdish Narain on the same day, which has been marked Ex. P. 10. Gyarsilal succumbed to his injuries on that very day at about 10.30 p.m. His postmortem examination was got conducted by Dr. P.S. Agrawal at 9 a.m. on 6 -7 -1971. The other injured Sunderlal was medically examined at 4.40 p.m. on 5 -7 -1971. It is alleged that the injuries of PW 16 Prabhudayal Patwari were also examined by the Doctor but since his injury report has not been produced on record, are not concerned with that.
(3.) PW 2 Ramprasad lodged a written report Ex. P. 3 and on the basis of which, a formal FIR Ex. P. 20 was drawn. The written report Ex. P. 3 was presented at Police Station Bansur at about 2.45 p.m. on 5 -7 -1971 in which names of the accused persons and their companions and some of the witnesses have been mentioned. The case was registered and the police reached the spot and conducted the spot investigations. 19 accused persons were arrested and a challan was put against them. All those 19 accused have faced their trial in the Court of learned Sessions Judge, Alwar in Sessions case No. 80 of 1972, which was decided by the learned Sessions Judge vide his Judgment dated 5 -3 -1973. The learned Sessions Judge acquitted all the 19 accused -persons by giving them the benefit of doubt.;