AMARESH KU.SINGH, J. - (1.) All the three appeals are directed against the judgment dated 21-7-1978 passed by the learned District and Sessions Judge, Churu in Sessions Cases No. 23/78 and 24/78. It is therefore, proper to dispose of all the three appeals together.
(2.) Accused Badri Das and Rameshwar were committed to the Court of learned Additional District and Sessions Judge, Churu by the learned Chief Judicial Magistrate for trial of offences punishable under Section 302 read with Section 34, I.P.C. On the same day, six accused persons, namely, Mukharam, Parturam, Viram Das, Chander Das, Khamana Ramand Mohan were also committed to the Court of learned Additional District and Sessions Judge, Churu by the learned Chief Judicial Magistrate. Churu for trial of the offences punishable under Sections 302 read with Section 149 and 114, I.P.C. Badri Das and Rameshwar were committed to the Court of Session after taking cognizance on a police report submitted under Section 173 Cr. P.C. and accused Mukharam, Parturam, Viram Das, Chander Das, Khamana Ram and Mohan were committed to the Court of learned Additional Sessions Judge, Churu after taking cognizance on a private complaint filed by Tarachand. Two separate sessions cases Nos. 23/78 and 24/78 were registered in the Court of learned Additional Sessions Judge, Churu. The trial in both the cases was conducted together and by common judgment dated 21-7-1978 both the sessions cases were disposed of by the learned Sessions Judge, Churu. The learned Sessions Judge, Churu convicted and sentenced Rameshwar under Section 302, I.P.C. and Badri Das under Section 302 read with Section 34, I.P.C. and acquitted Mukharam, Partu Ram, Viram Das, Chander Das, Khamana Ram and Mohan of all the offences with which they were charged. D. B. Criminal Appeal No. 281/1978 has been filed by the accused persons, namely, Badri Das and Rameshwar who were convicted and sentenced as mentioned above. D. B. Criminal Appeal No. 377/79 has been filed by Tarachand against the order of acquittal and D. B. Criminal Appeal No. 378/79 has been filed by the State of Rajasthan against the order of acquittal passed by the learned Sessions Judge, Churu.
(3.) The facts of the case may be summarised as below : On 24-11-1976 at about 5.00 P.M. Tarachand orally gave a first information report at the Police Station, Bhanipura to the effect that on 14-11-1976 he went to Malsar in order to meet his sister Geeta who was wedded to Surta Das Swami. It was further stated in the first information report that the litigation was pending in Nizamat Churu between Surta Das and Badri Das in respect of a piece of land in which Surta Das had sown crop of Gwar but Badri Das has trespassed over the land. Badri Das and hi s son Rameshwar alongwith Mohan were carrying the crop of Gwar in a cart towards the village. When they reached the field of Shera Jat Surat Das objected to the carrying of crop by them and demanded that the crop should not be carried away as the matter was pending in the Court. Thereafter Badri said and Badri who was armed with lathi and Rameshwar who was armed with a spear (Bhala) ran towards Surat Das in order to assault him. According to the version given in the first information report Badri Das hurled a lathi blow on Surat Das and in response Surat Das inflicted a lathi blow on the head of Badri. Rameshwar inflicted a blow on the stomach of Surat Das with spear. As a result of that blow Surta Das fell on the ground. Meanwhile Shera Ram, Dungar Ram and Hadman residents of Malsar reached the spot and they intervened. The first informant Tarachand reached the spot when Badri Das and Rameshwar were running away from the scene of occurrence. Tarachand. saw Surat Das in an injured condition lying on the ground with an injury on his stomach. He was told by Surat Das that Rameshwar had caused the injury to Surat Das with a spear and Badri Das had hurled a lathi blow which was avoided. It was also stated in the first information report that Tarachand proceeded towards the Police Station in order to lodge the first information report and while departing from the scene of occurrence he asked Shera Ram to take Surat Das to the hospital so that his life might be saved. On the basis of the first information report lodged by Tarachand the police registered a case under Section 307, I.P.C. During the investigation Surat Das succumbed to his injuries. After investigation the police submitted a challan under Section 173(2),Cr. P.C. against Rameshwar and Badri Das. ;