By impugned order dated 15.04.2006, the High Court while modifying the order dated 18.04.2001 of the Additional Sessions Judge, allowed the appeal in respect of Teeja, Jagdish, Gokali and Patasi and dismissed the appeal in respect of Gopal A 1 and Mahesh A 3 , the appellants herein, and companyfirmed their companyviction and sentence awarded to them.
When Prabhat since deceased , who was working in his field along with his son Badri Yadav PW 10 , approached towards Rameshwar for help, he was also beaten to death by the accused persons.
When they reached near the field of Gopal A 1 , they found that Gopal A 1 , Jagdish, Mahesh A 3 , Patasi, Teeja, Gokuli were plucking round gourd Tinda from their field and on seeing them, they attacked on them and, thereafter, they went to the police station at 10 o clock.
Brief facts As per the prosecution case, Rameshwar since deceased was the guarantor for money settlement agreement between one Santosh and Jagdish, residents of Tehsil Bishangarh, P.S. Manoharpur, Jaipur, Rajasthan.
Like Bodu Ram PW 7 , Bhagwan Sahai PW 8 also sustained injuries and he categorically stated that on seeing that Prabhat was running towards Durga Ki Dhani, the present appellants and other accused persons chased him and hit him with lathis due to which he died.
Since then Jagdish started keeping a grudge against him which is the root cause of the case in hand and resulted into death of two persons in a fight between them.
24 of 2000.
The Additional Sessions Judge, Shahpura after trial, by order dated 18.04.2001, companyvicted Teeja under Section 302 of IPC and Gopal, Jagdish and Mahesh under Section 302 read with Section 34 of IPC and sentenced them to suffer rigorous imprisonment RI for life alongwith a fine of Rs.1,000/ each, in default, to further undergo simple imprisonment for 3 months.
247 of 2001 whereby the High Court dismissed the appeal in respect of the appellants herein and companyfirmed their companyviction and sentence awarded by the Court of Additional Sessions Judge, Shahpura, District Jaipur, Rajasthan vide judgment dated 18.04.2001 in Session Case No.
Due to the attack, Rameshwar died on the spot.
Banshi, Murli, Gopal and mother and wife of Badri had also seen Prabhat since deceased being beaten by them.
Challenging the said order of companyviction and sentence, the accused persons filed appeal being D.B. Criminal Appeal No.
Contentions After taking us through the entire material relied on by the prosecution and the defence, learned amicus curiae appearing for the appellants submitted that it is evident from the site plan that the members of the companyplainants party were the aggressors and they came to the field of the accused persons and attacked them.
Heard Mr. Kanhaiya Priyadarshi, learned amicus curiae appearing for the appellants and Mr. Ram Naresh Yadav, learned companynsel appearing for the respondent State.
Gopal A 1 , Jagdish, Mahesh A 3 , Teeja, Patasi and Gokali and the same was companymitted to the Court of Additional Sessions Judge, Shahpura, District Jaipur, Rajasthan and numbered as Sessions Case No.
When Bhagwan Sahai and Bodu Ram tried to intervene, they were also beaten by the accused party.
Prabhat and Rameswhwar both died in the incident.
Finally, he submitted that since the members of the companyplainants party were the aggressors and attacked on the accused persons causing injuries to Gopal A 1 and Mahesh A 3 the appellants herein , the accused had a right of private defence, companysequently, they are entitled for acquittal.
Bodu Ram PW 7 was hit by Gokuli on his forehead and Jagdish and Mahesh A 3 hit him at his hand and armpit side respectively.
On the very same day, at 09.45 a.m., Badri Yadav PW 10 submitted a written report at P.S. Manoharpur relating to the above said incident.
When Jagdish started demanding money from Santosh prior to the expiry of the agreement, Rameshwar intervened between them.
247 of 2001 before the High Court.
He further deposed when Prabhat, who was working in the field alongwith his son Badri PW 10 , approached us in order to help, at that time, Gopal A 1 , Mahesh A 3 and Jagdish ran after him and he Prabhat ran back towards Durga ki Dhani and all the three accused after chasing him hit him with lathis.
He also submitted that the appellants also received injuries at the hands of the companyplainants party and the prosecution had failed to explain the same.
Bhagwan Sahai PW 8 , in his evidence has stated that at 7.30 a.m., when he along with Rameshwar since deceased and Bodu Ram PW 7 reached near the field of Gopal A 1 , they numbericed that the accused persons were plucking round gourd Tinda and on seeing them, they started fighting with them.
Gokali and Patasi Devi were companyvicted under Section 323 of IPC and were sentenced to the period already undergone by them in custody.
On 16.07.2000, at 07.30 a.m., when Bhagwan Sahai PW 8 , Bodu Ram PW 7 and Rameshwar since deceased were going towards the well of Padmawati while crossing the field of one Prabhat since deceased , at that time, Gopal A 1 , Jagdish, Mahesh A 3 , Patasi, Teeja, Gokali and Sita belaboured Rameshwar by inflicting lathi and axe blows.
Sathasivam,J. This appeal is filed against the judgment and order dated 15.04.2006 passed by the High Court of Judicature for Rajasthan at Jaipur Bench in B. Criminal Appeal No.
24 of 2000.
