MOHAMMAD RAFIQ,J. - (1.) This appeal has been filed by eight appellants against the judgement of their conviction and sentence dated 26.7.1991 passed by Sessions Judge, Dausa in Sessions Case No.14/1988 convicting and sentencing the accused-appellants for different offences as detailed out hereinunder: Kalu Ram, Ram Bharosi @ Bharosi and Ram Niwas - Under Section 302/34 IPC - life imprisonment and fine of Rs. 100/- each, in default one month rigorous imprisonment. Under Section 148 IPC - six months rigorous imprisonment to each. Under Section 326/149 - three years rigorous imprisonment and a fine of Rs. 100/- each, in default one month rigorous imprisonment. Under Section 325/149 - one year rigorous imprisonment and a fine of Rs. 100/- each, in default one month rigorous imprisonment. Under Section 323/149 - three months rigorous imprisonment to each. Prasadi, Mst. Dhapa, Mst. Bhoti, Mst. Jalbai and Mst. Gallo - Under Section 148 IPC - six months rigorous imprisonment. Under Section 326/149 IPC - three years' rigorous imprisonment and a fine of Rs. 100/- each, in default one month rigorous imprisonment. Under Section 325/149 IPC - one year rigorous imprisonment and a fine of Rs. 100/- each and in default one month rigorous imprisonment. Under Section 323/149 - three months rigorous imprisonment to each.
(2.) The facts of the case are that there was some dispute between the parties in connection with agricultural land of Khasra No. 110 situated in Village Meenapada, District Sawai Madhopur. The accused persons got this land in gift through a registered 'baksheesh nama' (gift deed) twenty five years back and they claimed that they were in possession of the land since then. This land was in the name of accused-appellant Prasadi and they were cultivating the same. Some of the accused appellants were also residing there and were having 'Kachha' houses. The complainant party got a sale deed of the disputed field registered in their favour from Ananda (PW17) for which the accused persons already filed a suit for getting this sale deed declared void. On 18.01.1988, Gordhan (PW3) submitted a written report to Police Station Manpur, District Dausa to the effect that they had the disputed land in Village Meenapada in their cultivatory possession. They had sowed the crop of wheat and coriander in that land. At about 8:00 AM, his father Budharam went to the field to guard the harvest from the peacocks. At that time all the accused persons named in the first information report gave beating to him and Budha died on the spot. It was alleged that the accused persons gave beating to Budha by 'lathis', 'barchi' and 'kulhadi'. Chhota Meena informed him about the beating given to Budharam. Thereupon he alongwith Jangli (brother), and Seodan came on the spot where they were also beaten. After hearing the noise, Chotya, Hotilal, Parmi Meena and others came there and intervened. On the basis of this information, the police registered a regular First Information Report. The police after investigation, submitted a charge sheet against the accused persons. The learned trial court framed the charges. The accused persons denied the charges. The prosecution produced 24 witnesses and exhibited 35 documents. In defence three witnesses were produced and some documents were also got exhibited. The learned trial court after hearing both the sides, acquitted two of the accused persons of all the charges and also acquitted the accused appellants Prasadi, Mst. Dhapa, Mst. Bhoti, Mst. Jalbai and Mst. Gallo from the charge under Section 302/149 IPC but convicted the accused-appellants and sentenced them in the manner indicated above vide impugned judgment dated 26.07.1991. Hence this appeal.
(3.) It may be at the outset noted that appellant nos.4 and 5 namely; Prasadi and Dhapa have died. The appeal qua them abates and, therefore, now survives only in respect of six remaining appellants namely; Kalu Ram, Ram Bharosi @ Bharosi, Ram Niwas, Mst. Bhoti, Mst. Jalbai and Mst. Gallo @ Gillo.;