SHYAM SUNDER BYAS, J. - (1.) SINCE all these three appeals are directed against one and the same judgment of the learned Additional Sessions Judge, Jalore dated January 15, 1977, they were heard together and are disposed of by a common judgment. By the judgment aforesaid, the four appellants were convicted and sentenced as under: S.No. Name of Accused Offence Under Section Sentence awarded(1) Himmata Ram 302, IPC Imprisonment forLife;325/34, IPC Rigorous imprisonmentfor two years with afine of Rs. 300;323/34, IPC Rigorous imprisonmentfor one year;(2) Each of accused:(a) Smt. Jhumki 302/34, IPC Imprisonment for life;(b) Smt. Sharki(c) Deyram Das 325/34, IPC Rigorous imprisonmentfor two years with afine of Rs. 300/ -;323/34, IPC Rigorous imprisonmentfor one year.
(2.) THE sentences were directed to run concurrently. Put briefly, the prosecution case is that Aaraji Khasra No. 157, known as Dhoom Badiya comprising an area approximately of forty Bighas, is situate in Mauja Saleri, Patwar Circle Bankli, Tehsil Aahore, District Jalore. It was in possession of the appellants since long before the incident. The deceased Durg Das owned half share in this field. But he was not allowed to cultivate it by the appellants. Durg Das approached the Patwari Mohan Das (PW 5) for help and requested him that he should use his good office to prevail over the appellants to allow him to cultivate his portion of the field At about 10.00 a.m. on August 23, 1976, Durg Das, his son Gopal Das (Prosecution Witness 2) and the Patwari Mohan Das (Prosecution Witness 5) went to the aforesaid field. They found the appellants working there. The Patwari asked the accused Himmatram as to why he was not allowing Durg Das to cultivate his portion of the field. When the Patwari started taking the measurements of the field, the appellants made an assault on Durg das and his son Gopal Das. The appellants were armed with lathies and they started striking blows to Durg Das and his son Gopal Das some how or other slipped away. As a result of beating, Durg das sustained multiple injuries and passed away instantaneously on the spot. Gopal Das reached Police Station, Jalore at about 8.00 p.m. on the same day and verbally lodged report Ex. D 1. Since the incident had taken place in the territorial jurisdiction of Police Station, Nosra Ex. D 1 was sent there with a special messenger. The police, Nosra registered a case and proceeded with the investigation. When the fact of Durg Das succumbing to the injuries came to the knowledge of the Station House Officer, P.S., Nosra, Section 302, IPC was added. The SHO Mehboob Khan arrived on the spot, inspected the site and prepared the inquest of the victim's dead body. The post -mortem examination of the dead body of Durgdas was conducted on August 25, 1976 by PW 1 Dr. Verma the then Medical Officer Incharge, Primary Health Centre, Aahore. The doctor noticed the following ante mortem injuries over the victim's dead body: External (1) Lacerated wound 2' X 1/2' X bone deep over the anterior part of right Parietal area; (2) Lacerated wound 2' X 1' X bone deep over the posterior aspect of upper third of left fore -arm; (3) Lacerated wound 2' X 2' X bone deep, over the medical aspect of lower third of right fore -arm. Internal (1)Depressed fracture 2' X 1' over the anterior part of right parietal bone depressed about 3/4'; (2) Fracture of lower third of right ulna.
(3.) IN the opinion of Dr. Verma, the cause of death of Durg Das was coma due to depressed fracture of skull. The post -mortem examination report prepared by him is Ex. P 1. The injuries of Gopal Das were also examined on August 23, 1976 by PW 3, B.L. Rai, the then Medical Jurist General Hospital, Jalore. One lacerated wound and five contusions were found on his body. All these injuries except that on the left fore -arm were simple caused by blunt weapon. The X -ray examination revealed fracture of shaft of left ulna. The injury report prepared by the doctor is Ex. P 2. The appellants were arrested and some lathis were recovered in consequence of the informations furnished by them. The blood -stained clothes of the deceased were also seized and sealed. After when the investigation was over, the police presented a crime report against the appellants in the Court of the Judicial Magistrate, Jalore, who, in his turn, committed the case for trial to the Court of Sessions. The learned Sessions Judge framed charges under Sections 302, 302/34, 325, 325/34 and 323, IPC against all of them, to which they pleaded not guilty and faced the trial. The defence taken by the appellants was that the field, in which the incident had taken place, was in their continuous and peaceful possession since long and they were in possession of the field on the day of the incident. The deceased wanted to dispossess them and to take forcible possession over the field with the help of Patwari Mohan Das PW 5. Neither the Patwari nor Durg Das had any right to go to their (appellant's) field and to dispossess them. They were, therefore, entitled to use violence against the deceased and his son in order to turn out them from the field. They did not inflict more harm than necessary for the purpose of defence. In support of its case, the prosecution examined eight witnesses and filed some documents. In defence, no evidence was adduced. On the conclusion of the trial, the learned Sessions Judge held the charges duly established against the appellants. The learned Sessions Judge, no doubt, held that the field, in which the incident had taken place, was in possession of the appellants. But he refused to accept the appellant's plea of the right of private defence. The appellants were consequently convicted and sentenced, as mentioned at the very out -set. Aggrieved against their conviction, the appellants have taken these appeals.;