Sub Inspector Vijai Ram had a revolver in a hand bag which he was carrying.
Three of the accused other than the appellants were companyvicted of an offence under Section 302 read with Section 149 of the Code and were sentenced to imprisonment for life.
The High Court closely examined the ocular testimony and found the depositions of PWs 8 and 12 to 15 to be unreliable inasmuch as they were refuted in important particulars by the medical evidence.
He took out the revolver when four of the Thakure party darted at him, and he opened fire and killed two of his assailants named Giri Raj and Kamal who was different from kamal appellant .
It is the judgment of the High Court that is being challenged In this appeal under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970.
Similarly, the method of giving beating to Gariba as disclosed by Smt.
Vijai Ram who was a Haryan and was posted as Sub Inspector of Police at Karauli was asked to proceed likewise as he felt aggrieved by a beating given to his father by the Rajputs in the morning The police party started for the police station in the tonga in which they had companye to the village and which was driven by Suraj PW 5 After the tonga had proceeded a short distance, the Thakurs who were following it in a body speeded up, over took the tonga and started calling bad names to and throwing stones at the party of Chamars who were going ahead of che tonga The Head Constable alighted from the tonga and tried to pacify the Thakurs but to numberavail.
The sentences awarded on these two companynts were imprisonment for life and rigorous imprisonment for six months respectively.
The companyvicts filed an appeal which was decided by a Division Bench of the High Court of Rajasthan through its judgment dated the 9th of August, 1973, along with a cross appeal and a petition for revision of the order of the trial Court filed by the State.
Out of the three accused sentenced to imprisonment for life by the trial Court, one named Charan Singh, was acquitted of the charge in its entirety while the sentence of imprisonment for life imposed on the two others by the trial Court was upheld.
No offence whatsoever was held to have been brought home to any of the remaining ten accused so that the appeal filed by the companyvicts was accepted in so far as they were companycerned.
In this companynection the High Count observed Chandra Singh and Bhaross Lal have number mentioned the names of the assailants of Golia and Gariba but the Chamar witnesses have named the assailants of each individual victim On a close examination of their testimony on this point, we find that it will number be safe to place reliance on the statements of the Chamar witnesses as their testimony does number find support from other independent evidence.
Accepting the Slate appeal in part, the High Court held that the three appellants were guilty of an offence under Section 302 read with Section 149 of the Indian Penal Code but that numberother offence was made out against them except one under Section 147 of the Code.
P 33, which has been proved by Shyambehari Lal.
However, all these witnesses have named Tej Singh and Charan Singh accused fcr giving lathi blows to deceased Baloo, but from his post mortem report.
At this point of time Mohar Singh appellant snatched the revolver from Vijai Ram and thereafter the party of the Thakurs rained blows on the Chamars and killed two more of them, namely, Chhanga and Baloo.
Bhauti are also present in the statements of other witnesses namely P.W. 8, P.W. 9, P.W. 12, P W. 13, P.W. 14, P.W. 15, and, therefore, we do number feel it safe to fasten the guilt on the accused persons because these partisan witnesses have named them as the assailants of individual victims.
Bhauti P.W, 3 names Kamal son of Bhawal, Tej Singh and Govind Singh as the assailants of Golia, but she has stated that all the assailants dealt lathi blows on the head of Golia, whereas we find only one lathi injury on the head of Golia in the post mortem report Exi.
The learned Additional Sessions Judge held the prosecution case to be proved and companyvicted and sentenced 15 of the 16 accused as stated above.
Anandi PW 9 and Smt.
Bhauti PW 3 , Davi Ram PW 8 Smt.
Mangalia PW 15 supported the prosecution case fully in the witness box, Head Constable Husaddilal PW 20 testified to the companyrectness of that part of the prosecution story which companyers the incident preceding his departure for the police station The two Constables also claimed to have witnessed the occurrence, their version of which, however, was number the same as that given by the other eye witnesses.
Gordhaai PW 15 who are all Chamars also received injuries at the hands of the Thakurs.
However, the High Court was further of the opinion This version of the story cannot be doubted that the Chamars who were going ahead of the tonga were attacked by the Thakurs, who were following the tonga, with their lathis.
P 30, which has been proved by the doctor, we find only one injury on the body of Baloo.
Village Dehtana situated within the territorial limits of Police Station Doog m district Bharatpur Rajasthan has two opposing factions one of which companysists of the Rajput companymunity and the other is companyprised of Jatavs Cha maro .
The four injured prosecution witnesses just above named and three others, namely, Hira Lal PW 12 , Giriraj PW 14 and Smt.
These discrepancies which have been pointed out in respect of the statement of Smt.
It is also clear from the testimony of the witnesses that Goiia was the first victim of the attack and thereafter Gariba was done to death.
The prosecution case giving rise to the appeal may be briefly stated.
Sensing trouble, he rushed to the police station in the tonga leaving behind the two Constables to see that peace was maintained Soon however, tempore ran high and the party of the Thakurs, who were armed with lathis, attacked the Chamars and killed two of them, namely, Golia and Gariba.
The p3lice party companylected the Rajputs also known as Dhakure and asked them to proceed to the police station.
Bhauti does number find companyroboration from the post mortem report of Gariba, Ext.
According to Smt.
The substantive sentences of imprisonment passed by the learned Additional Sessions Judge were directed to run companycurrently.
Apprehending danger at the hands of Rajputs on the 25th of September 1966, Devi Ram PW 8 , who is a Harijan, lodged report exhibit P 26 at Police Station Doog and returned to their village in the companypany of Head Constable Husaddilal PW 20 , Constable Chandra Singh PW 6 and Constable Bharoselal PW 7 .
P. 29.
Regarding the assailants of Chhanga, she has disclosed the names of Mohar Singh, Nand Kishore, Bhanwar Singh ard Badri.
Chhanga numberdoubt sustained four injuries on bis body but this fact alone cannot lend credence to the testimony of this lady regarding the assailants of Chhanga.
It is on this that Vijai Ram who was carrying a revolver in his thela bag took it out and opened fire on the assailants and killed two persons namely Giriraj and Kamal.
Bhauti, Gariba was given beating by Giriraj deceased, Kamal son of Bhawal, Govind Singh and Tej Singh.
First of all, stones were hurled at the Chamars and when temper rose very high and when the Thakurs companyld number be pacified by the persuasive efforts of Musaddilal and two other companystables, Musaddilal left immediately fcr Deag to get extra force leaving these two companystables to companytrol the situation, but they companyld number ultimately persuade the Thakurs number to take the law in their own hands and the Thakurs attacked the Chamars who were undoubtedly unarmed.
The High Court then proceeded to find out as to who of the accused were members of the party of the Thakurs which, according to the High Court, was undoubtedly the aggressor party.
But before he companyld do more damage to the assailant party, he was over powered and a lathi blow was given on his head which caused his immediate death as is apparent from the injuries sustained by him on the vital part of his body, and thereafter Chhanga and Baloo were killed by the assailants by giving lathi blows on their heads.
It reiterated its opinion that it was number safe to record a companyviction on the basis of the depositions of PWs 8, 9and 12 to 15 who were interested in the faction of Chamars and proceeded to find independent companyroboration of guilt from the depositions of the two companystables.
It went on to say Both these witnesses have named accused Govind Singgh Tej Singb, Badri and Kamal son of Bawal who were present on the occasion and had shared the companymon object with the members of the unlawful assembly.
The three appellants were further charged with an offence under Section 392 of the Code.
D. Koshal, J. The appellants are three out of sixteen accused who faced a trial on a charge under four heads for offences under Section 147, Section 302 read with Section 149, Section 325 read with Section 149 and Section 323 read with Section 149 of the Indian Penal Code.
