VISHNU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal by Special Leave is directed against Judgment dated August 3, 2005 rendered by Division Bench of High Court of Judicature of Rajasthan at Jaipur Bench, Jaipur in D. B. Criminal Appeal No. 359 of 1998 by which judgment dated April 17, 1998 passed by learned Sessions Judge, Karauli, in Sessions Case No. 9 of 1996 convicting the five appellants under Sections 302 r/w 149, 325 r/w 149, 323 r/w 149 as well as convicting the appellant Nos. 1 and 4 under Sections 147 and 148 IPC as well as sentences imposed therefore, are confirmed.

(2.) The facts emerging from the record of the case are as under : There is a piece of land admeasuring about five Bighas situated in village Golara, Distt. Sawai Madhopur now Distt. Karauli in Rajasthan. The Government allotted the said land to the father and brother of the first informant Babu Lal but the appellants and others who are Brahmins by caste were not permitting them to cultivate the same, as a result of which disputes relating to the said land were going on between Brahmins and Jatavas of village Golara. The incident in question took place at about 7.00 P. M. on August 28, 1995. Babulal who was the first informant had gone to place of one Babu Maharaj Devta for performing religious ceremonies along with his father Hannukh, Roshan S/o. Cheta, Prahlad S/o. Sualal and others. On the said day sports such as long jump etc. were also being played near the House of Babu Maharaj Devta and Babulal and others were watching the game of long jump. When the game was being played, one Kanhaiya Lal Sharma, resident of village Golara sent Lata daughter of Bhanwar Lal who is appellant No. 5 herein, to inform Bhanwar lal and his brothers that Jatavas were tilling the disputed land with a tractor. At the time when the information was conveyed Kanhaiya Lal father of the appellant No. 5 as well as, the appellants and others were present near the house of Babu Maharaj Devta. Kanhiya Lal father of the appellant No. 5 on learning about the information conveyed by Lata loudly shouted that where all their people had gone. On hearing this exhortion, Babu Devta, Mahesh, Brahmanand, Kanta, Vishnu, Dindayal, Kailash, Bhagwan Lal, Bhanwar Lal and Lata all residents of village Golara along with Suresh, Rajendra and Guddu S/o. Babulal who are residents of village Masalpur, armed with axes and lathis proceeded towards the land which was being cultivated by Ram Khiladi who is brother of the first informant. As Kanta, Vishnu etc. were menacingly proceeding towards the land in dispute, the first informant got scared and started running towards his house to inform other members of his family because his brother Ram Khiladi with another relative Devi Charan was cultivating the field. In fact, there was no tractor deployed on the land at all. Brahmanand, Kanta etc. gathered together at the disputed place. On seeing these people coming towards the field, Ram Khiladi started running away. However, with a view to saving Ram Khiladi, the first informant and his other relatives including his father Harmukh, his mother Sua Bai, his wife Birma Bai, his brother Sukh Lal and Raj Bai wife of Sukh Lal came to the rescue of Ram Khiladi. On the way near the field of one Kanhayia Gujar, the first informant was belaboured by Brahamand by giving a lathi blow on his left shoulder. Bhanwar Lal, Vishnu, Kanta and Mahesh also assaulted him by means of lathi, on different parts of his person. The first informant fell down on the ground on receipt of injuries but the appellants and others did not spare him and continued to beat him with sticks and fists blows when he was lying on the ground. Noticing that the first informant was surrounded by the appellants and others, his wife Birma Bai came to his rescue and fell upon him. This is how the complainant could be saved. The wife of the first informant was also not spared and beaten by sticks. When the appellants and others turned towards the father of the first informant, he pleaded with the appellants to spare him and his relatives but of no avail and he was also assaulted and injured. It was noticed by the first informant that his brother Sukh Lal and his wife were running towards the house to save themselves, but they were being chased by the appellants and others. Sukh Lal was overtaken and assaulted by Bhanwar Lal the appellant No. 5 herein, Bhagwan Lal, Din Dayal, Brahmanand who is appellant No. 3 herein, Vishnu who is appellant No. 1 herein, Mahesh who is appellant No.2 herein and Kanta prasad who is appellant No. 4 herein. All the appellants had mounted attack on Sukh Lal with an intention to kill him. Thereafter the appellants chased Raj Bai. She was also overtaken and injured by means of lathi blows. Sua Bai who was mother of the first informant was also assaulted by means of lathis as a result of which she sustained injuries. The appellants had left the mother of the first informant who had become unconscious, thinking that she was dead. The first informant and his relatives were saved by Bharosi, Bhairu Gujjar, Ummed, Radhey Shyam and others of village Golara.

(3.) Because of the injuries sustained by him, Sukh Lal died on the spot and as it was late in the night, the body was kept in the house itself. On the date of incident itself, the first informant had got scribed complaint against the appellants and others and date mentioned in the complaint was August 28, 1995. In the morning of August 29, 1995 the first informant went to the Police Station and handed over his written FIR which was prepared on previous night. As the complaint was presented before the police on August 29, 1995, the first informant was asked to change the date of the complaint to August 29, 1995. Accordingly, the date mentioned in the complaint was changed by the first informant from August 28, 1995 to August 29, 1995. On the basis of the complaint lodged by Babu Lal, offences punishable under Sections 147, 148, 302, 307, 326, 325, 323, 341, r/w 149 IPC and Section 3(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1985 were registered. The dead body of Sukh Lal was sent for autopsy on August 29, 1995. During the course of investigation, the Investigating Officer recorded statements of those persons who were found to be conversant with the facts of the case. Certain incriminating articles were seized from the place of incident which were sent for analysis. On completion of investigation, the appellants and others were charge sheeted in the Court of Learned Judicial Magistrate First Class for the commission of offences punishable Sections 147, 148, 302, 307, 326, 325, 323, 341 r/w 149 IPC and Section 3(1) of Scheduled Castes and Scheduled Tribes ((Prevention of Atrocities Act) 1985. As the offences punishable under Sections 302 and 307 are exclusively triable by a Court of Sessions and as offence punishable under Section 3(1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1985 is triable by Special Judge, the case was committed to the Court of learned Sessions Judge, Karauli for trial.