- (1.) This appeal is directed against the judgment and order dated July 26, 1994 passed by the Additional Sessions Judge, Dausa in Sessions Case No. 144/1994 whereby the appellants have been convicted and sentenced as under:- Prabhu Singh and Hanuman Singh: under section. 302 IPC: Life imprisonment and fine of Rs. 200/- 'each. In default of payment of fine two months'. rigorous imprisonment. under section. 147 IPC: six months' rigorous imprisonment. under section. 323/149 IPC: Three months' rigorous imprisonment. under section. 447 IPC: One month's rigorous imprisonment. Jagram, Vishram and Gabbu: under section.323 IPC: Three months' rigorous imprisonment each, under section.447 IPC: One month's rigorous imprisonment each. All the sentences are to run concurrently.
(2.) The facts of the case are detailed out in the judgment under challenge before us and they ' indicate, that in village Khanpura,Khasra No.93 is a Government land and the same is entered as "Siwai Chak" in the revenue record. It appears that deceased Rewad had cultivated a portion of the aforesaid land in an unauthorised manner and proceedings under Section 91 of the Rajasthan Land Revenue Act were initiated against him by the concerned Tehsildar. Thereafter, vide order dated September 21, 1992 (Ex.D.2), the Tehsildar, Lalsot dispossessed him and the standing crop was forfeited to the State Government. On October 13,1992 at about 9.00 a.m., it appears that Rewad and his associates again attempted to cultivate Khasra No.93 and a portion of it was cultivated by him but it was objected by the villagers and an incident took place in which members of both the parties have sustained injuries.From the side of the complainant, besides Rewad, six more persons namely Shiv Charan, Kajod, Rajmal, Ramesh, Harkesh. and Hansraj sustained injuries. From the side of the accused persons, Gokul, Gajanand, Kalu, Pukhraj,Hansraj, another Gokul and Prabhu Singh sustained a number of injuries.
(3.) A report of the incident was made by PW.3 Shiv Charan at Police Station, Lalsot in which 29 accused persons were named to have participated in the said incident. So far the assault to Rewad is concerned, 8 persons namely; Hanuman Singh, Prabhu Singh, Ram Singh, Bishram, Pukhraj, Nathu, Gabbu and Jagram were named to be assailants. Written report ex.P/2 is on the record which was made on the same day at Police Station Lalsot. On that report, crime No.257/92 was registered under Sections 147,148,149,323,307, and 302 IPC. Rewad sucummbed to the injuries sustained by him and the autopsy over his dead body was conducted by PW.9 Dr.K.B.Chhipa vide post mortem report Ex.P/13. The following injuries were found on his body: 1. A lacerated wound 1.5 cm x 1 /2 cm on the right occipeto parietal region posteriorly. 2. A contusion 2 cm x 1 cm on Lt. scapular region. 3. A contusion Lt.Side of back 10 cm x 1 cm on subscapular region. Horizontal. 4. An abrasion At. elbow joint 1 /2 cm x 1 /2 cm.;