MOHAMMAD RAFIQ, J. - (1.) These two appeals are directed against the judgment and order dated 10.09.1986 passed by the Court of Sessions Judge, Jaipur District, Jaipur (for short 'the trial court') by which the accused-appellants Bahadur and Kailash in Appeal No. 420/1986 and Sadhu Ram and Jagdish in Appeal No. 424/1986 were convicted and sentenced in the following manner: JUDGEMENT_211_LAWS(RAJ)4_2018_1.html All the sentences were ordered to run concurrently.
(2.) Facts of the case are that a written report (Exhibit P-4) was submitted by Gopal (PW-7) on 08.11.1982, who appeared before S.H.O., Police Station Shahpura along with injured Sultan and Ramu stating therein that on that day at 10.00 A.M. all three of them were cultivating their agricultural land situated at their well at Meena Wali Tan Charsa. Accused Rampratap, Jagdish, Sahdu, Kailash, Bahadur all by caste Meena armed with lathies came there and started beating them, as a result of which they sustained several injuries including his father Ramu and uncle Sultan on head and other parts of the body. Hanuman son of Mahadev Ahir, Phoola Jat, who were present there intervened to save them.
(3.) The police on the basis of aforesaid written report, registered regular FIR No. 234/1982 (Exhibit P-9) for offence under Sections 147, 447 and 323 IPC and investigation commenced. During the course of investigation, Sultan died on 16.11.1982. On completion of investigation, the police filed charge sheet against five accused including Rampratap for offence under Sections 302, 325, 147, 149, 447 IPC in the Court of Munsif and Judicial Magistrate, Shahpura on 16.02.1983. The case was committed to the Court of Sessions, Jaipur District, Jaipur. The trial court framed against accused Kailash for offence under Sections 147, 447, 302 in alternative 302/149, 325, 323/149 IPC; against accused Rampratap, Jagdish, Bahadur and Sadhu for offence under Sections 147, 447, 302 in alternative under Sections 302/149, 325/149, 323/149 IPC. The accused denied the charges and claimed to be tried. The prosecution in support of its case produced 16 witnesses and exhibited 39 documents. Thereafter, the accused were examined under Section 313 Cr.P.C. wherein they denied allegation and set up plea of right of private defence of property. The defence produced three witnesses and exhibited some documents. During the course of trial one of the two principal accused, who were author of two fatal injuries of the deceased, namely Rampratap died and trial against him was taken to have abated and it proceeded against the remaining accused. Upon completion of trial, the trial court vide impugned judgment and order dated 10.09.1986 convicted and sentenced the accused-appellants in the manner indicated above. Hence these appeals.;