TATIA, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS appeal is against the judgment and order of conviction and sentence dated 15. 11. 2000 passed by the Court of learned Additional Sessions Judge, Ratangarh (Churu) in Sessions Case No. 54/1992 (34/1990 ). There was a cross case and that was Sessions case no. 42/1992 (91/1989) wherein the accused persons, members of the complainant party in the present case, were convicted by the same Court i. e. Court of learned Additional Sessions Judge, Ratangarh (Churu) by judgment and order dated 15. 11. 2000. The appeal against cross case being D. B. Criminal Appeal No. 679/2000 is also being decided today by separate judgment. In this sessions case no. 54/1992 (34/1990), as per the prosecution case, on 30. 6. 1989 at 10:00 PM, complainant Ram Chandra PW1 submitted a written FIR Ex. P/1 to the S. H. O. , Police Station Rajaldesar - Shri Roshan Ali at Ratangarh which was sent through HC Shera Ram at Rajaldesar Police Station, upon which at 11:00 PM, FIR No. 11/1989 (Ex. P/21) was registered. In the said complaint, complainant Ram Chandra stated that he is resident of Village Dassusar of Tehsil Ratangarh and he is agriculturist. His father's agricultural land is situated in the Village Dassusar for which a litigation is going on in the Court of SDO, Ratangarh since last 8-9 months. In the said litigation, complainant's father Jetha Ram and Chokha Ram's sons are parties and the complainant's father obtained interim stay order in his favour against Chokha Ram's sons. The complainant stated that since generations, the land in question is in their possession. Today, at 8:00 AM, when he with his family members were digging soil from the agricultural land to bring it to their house, accused Gordhan Ram, Harkha Ram, Tiku Ram, Narayan Ram, Bhagawana Ram s/o Chokha Ram r/o Village Simsiya along with Bhagwana Ram s/o Nyola Ram, Jugal Singh s/o Bhoor Singh, Sugana Ram s/o Uda Ram, Shera Ram, Bhera Ram, Mohan Ram s/o Adu Ram, Godha Ram, Dula Ram, Mana Ram s/o Bhera Ram, Thakar Ram s/o Bhagwana Ram, Sohan Ram s/o Mala Ram, Surja Ram Sinwal, Moolki w/o Mana Ram, Kundani w/o Adu Ram and 10-15 more persons (men and women) all came with Iron Singhon Ki Jelly (iron fork) used as agricultural implement, Chausangiya, agricultural implement which can also be used as weapon, Barchiyan, lathies, pistols and fire arms and attacked upon the complainant, Gopal Ram, Amra Ram, Likhma Ram, Deva Ram, Kundan Ram and Tulcha Ram with intention to kill them and caused severe and grave injuries and because of those injuries, any one would have died. The report was submitted when the complaint was already in the hospital. On this report, FIR no. 11/1989 was registered at Police Station Rajaldesar and investigation started. During investigation, the injured persons were got examined from the doctors and their injury reports and X-rays were obtained. Accused Surja Ram, Bhagwana Ram, Thakur Ram, Bhagwana Ram s/o Nyola Ram and Jugal Singh were arrested. On the basis of the information given by them, the weapons of offence were recovered. On the basis of Jugal Singh's information, a local pistol was recovered, site was inspected and site report and map were prepared. The pistol was got examined. The victim Likhma Ram, who was admitted in SMS Hospital, Jaipur, his bed head ticket was also obtained and the revenue record which was collected in cross case was also produced in this case and thereafter, the challan was filed against the appellant accused. Against all the accused except Jugal Singh, charge for offences under Sections 148, 307/149, 326/149, 324/149 and 323/149 IPC were framed. Against accused Jugal Singh, along with the above charges, one more charge i. e. under Section 3 (25) of the Arms Act was also framed. All the accused denied the charges and sought trial. At the trial, the prosecution produced PW1 Ram Chandra, PW2 Gopal Ram, PW3 Bhagwana Ram, PW4 Indra Ram, PW5 Shriram, PW6 Kunana Ram, PW7 Deva Ram, PW8 Tulcha Ram, PW9 Dr. Bhanwar Lal Verma, PW10 Mohan Ram, PW11 Deda Ram, PW12 Badridan, PW13 Jaisa Ram, PW14 Bhoor Singh, PW15 Bega Ram, PW16 Nawab Ali, PW17 Shera Ram, PW18 Bhanwar Singh, PW19 Poorna Ram, PW20 Mohan Singh, PW21 Gaje Singh, PW22 Pravin Sunda, PW23 Richpal Singh, PW24 Madho Dan, PW25 Suresh and PW26 Roshan Ali and exhibited 27 documents. The statements of accused appellants were recorded under Section 313 Crpc and they gave their own explanation. The accused produced DW1 Harkha Ram and exhibited 13 documents.
(3.) THE trial court, by the impugned judgment dated 15. 11. 2000, in this Sessions Case No. 54/1992 (34/1990) acquitted five accused appellants Harkha Ram, Girdhari & Bhagwana Ram all sons of Chokha Ram, Thakur Ram s/o Bhagwana Ram and Bhagwana Ram s/o Nyola Ram of the charge under Section 307/149 IPC, however, convicted them for offence under Sections 148, 326/149, 324/149 and 323/149 and sentenced them as under :- Offence Punishment Section 148 IPc Each appellant to undergo rigorous imprisonment for two years. Section 326 IPC r/w 149 IPc Each appellant to undergo rigorous imprisonment for five years with a fine of Rs. 1000/- each and in default to further undergo 3 months' simple imprisonment. Section 324 IPC r/w 149 IPc Each appellant to undergo rigorous imprisonment for two years. Section 323 IPC r/w 149 IPc Each appellant to undergo rigorous imprisonment for six months. Rest of the accused Surja Ram s/o Mala Ram, Jugal Singh s/o Bhoor Singh, Godha Ram @ Girdhari, Mana Ram and Dula Ram s/o Bhera Ram, Smt. Mooli w/o Mana Ram, smt. Kunani w/o Adu Ram, Mohan Ram and Bhanwara Ram s/o Adu Ram and Sohan Ram s/o Mala Ram were acquitted from the charges levelled against them. The narration of detail facts may not be necessary for the purpose of deciding this appeal because of the simple reason that the plea of the appellants is based on their right to private defence and their own contention is that the incident occurred because of sudden and grave provocation offered by the complainant party. The undisputed fact is that in this very incident, the accused appellants' five persons died and five were injured. In the cross case being Sessions Case No. 42/92 (91/89), the complainant party of this Sessions Case No. 54/1992 (34/1990) were accused and were convicted along with five other persons for the charge under Sections 302 r/w 149 IPC along with for commission of offence under Section 148 IPC and have been sentenced to undergo life imprisonment. ;