MOHAMMAD RAFIQ,J. - (1.) These two appeals though arise out of the same first information report, but are directed against two separate judgments as the accused-appellants were subjected to different trials. While appellant Banwari Lal in appeal no.184/1989 has been convicted vide judgment dated 22.5.1989 passed by the Additional Sessions Judge, Sikar for offence under Section 302/34 IPC and sentenced to life imprisonment with a fine of Rs. 1,000, in default whereof to further undergo rigorous imprisonment for six months and for offence u/s.323 IPC sentenced to one month's rigorous imprisonment. Both the sentences were ordered to run concurrently.
(2.) At the outset, it may be noted that appellant no.2 Rekha Ram in appeal no.244/1983 has died. Copy of the report of the SHO Police Station Ramgarh, District Sikar dated 9.3.2010 along with death certificate in this respect has been placed on record. Therefore, as far as appeal filed by Rekha Ram is concerned, the same stands abated qua him and is accordingly dismissed. The appeal no.244/1983 now survives only in respect of appellant no.1-Gopi Ram and appellant no.3-Bhanwara.
(3.) The facts of the case are that accused Rekha Ram had five sons. The eldest of his son, Rameshwar Lal, is the deceased in the present case, in which he himself is an accused along with his sons Gopi and Banwari Lal. His other two sons are not accused in this case. Rameshwar Lal was staying separate from the family for last twenty years. His grievance was that Rekha Ram had not given any share of the ancestral property, especially the agriculture land to him and that he used to cultivate the agriculture land of his uncle Narayan. Ten years before the incident, a quarrel had taken place between Rameshwar Lal and his brother Tola Ram in which wife of Tola Ram was killed at the hands of Rameshwar, wherefor he was convicted for offence of murder under Section 302 IPC by the trial court, but in the High Court, his conviction was converted from 302 to 304 Part-II and sentenced was reduced to seven years. After completion of the sentence of seven years, he came out of the jail. The case of the prosecution is that the land alleged to be of Narayan, which Rameshwar Lal used to cultivate, was being cultivated by the accused-appellants throughout the period he (Ramehswar Lal) was in jail, whereas the case of the defence is that the accused-appellants taking advantage of this situation forcibly took possession of this land. FIR in the present case has been registered on the basis of parcha bayan of Heera Lal S/o Rameshwar aged 19 years, in which he has stated that his deceased father Rameshwar before he went to jail used to plough/cultivate the land of Narayan, elder brother of Rekha Ram, but during the period he remained in jail, his grandfather Rekha Ram and his uncles forcibly took possession of the land and started cultivating the same. His father came back from jail three years back. Last year, he had cultivated the land in dispute. His grandfather Rekha Ram and uncle uprooted the crop. His father then purchased the land from Narayan. On the day of incident, his father along with informant- Heera Lal and elder son Durga went to the agriculture land in dispute. When they entered the land, they saw that the accused Rekha Ram, Gopi Ram, Banwari Lal and Bhanwara were present there. Gopi was ploughing the land with camel and Banwari with a buffalo and Rekha Ram and Bhanwara were present there. Kesar and Mankari, daughters of Tola Ram were also present there. His father (Rameshwar) forbade these persons from doing so. Thereupon Rekha Ram, Gopi, Banwari Lal and Bhanwara came rushing towards them. Gopi had a jelly, Banwari had a 'lathi' and Rekha and Bhanwara had 'kulharis'. All of them started beating his father. Banwari and Bhanwara started beating him too. Rekha Ram and Gopi also subjected him (informant) to beating, as a result of which, he fell on the ground. Thereafter, Rekha Ram and Gopi also started beating his father Rameshwar. His younger brother Durga ran away from there out of fear for his life. His father (Rameshwar) became unconscious. Then these accused ran away from there. After about half an hour, he called Jeevan Mal, who was passing by. He on his buffalo cart took the deceased to Government Hospital Ramgarh where he was declared brought dead. On the basis of aforesaid parcha bayan, FIR No. 18/82 was registered for offence under Section 302 IPC and investigation commenced. Charge sheet was filed against the accused-appellants Gopi Ram, Rekha Ram and Bhanwara. Since the accused Banwari Lal was then absconding, the proceedings against him under Section 299 Cr.P.C. were initiated and subsequently when he was arrested, he too was sent to stand trial. The prosecution produced 8 witnesses and exhibited 20 documents (in appeal no.244/1983). Hence these appeals.;