They returned to their village about 11 p.m. and ran into the accused Sukha and Gumana both Jats .
57 83 of 1953 arising out of the judgment and order dated the 26th May 1953 of the Court of Sessions Judge at Merta in Criminal Original Case No.
Sukha and Gumana said that they should also be beaten and thereupon these 30 or 40 persons started to beat them too and they fell down.
After the gun was fired and Parsia and Chhotiya struck down, a large number of persons rushed to the scene and, among them, some 30 or 40 were armed with various kinds of weapons.
One group companysisting of 25 persons were charged under section 325/149 of the Indian Penal Code for intentionally beating, along with the other accused, Chhotiya Seruri Parsia Mana Govinda and Ganesh.
On that Sukha fired a gun which he had with him and hit Parsia on the legs.
The charge against the remaining eleven can be divided into two parts.
Appeal by special leave from the judgment and order dated the 10th January 1955 of the High Court of Judicature at Jodhpur in Criminal Appeals Nos.
Jai Gopal Sethi, K. R. Krishnaswami and K. R. Chaudhry for the appellants.
After this, Parsias wife Lacbhuri came there and some 10 or 1 1 persons out of the original 30 or 40 started to chase her.
Mana and Govinda were beaten by Gumana sword , Balia pharsi and Jankiya and Naraina lathis .
This crowd of 30 or 40 turned on Mana and Govinda and attacked them.
The case for the prosecution is that this was due to a dispute over a field that belonged to some of the Jats.
The cries of Chhotiya and Parsia attracted Mana, Govinda, Pemla, Rambuxa and Gangli and some others.
It is admitted on both sides that there was bad blood in the village Dhankoli between a caste known as Baories on one side and three other castes of the village namely, Jats, Dhobis and Khaties on the other.
They were challenged and when they disclosed who they were, Sukha and Gumana cried out kill them.
Those who did the attacking are said to have been about 30 or 40 but it is clearly proved that several Baories were there and that some of them were assaulted.
They had gone for the auction of the field.
Of these, Kamla, Balia, Todia and Bhawana all Jats had pharsies, Gumana, Govinda and Jodbiya also Jats had swords and the rest Jats, Dhobis and Khaties had lathis.
There are other estimates too, mostly in the neighbourhood of 30 to 40, but the exact number does number matter because it is evident that a crowd assembled.
Thirty six persons were companymitted for trial.
On the day in question, two of the Baories, Chhotiya and Parsia, bad been to a neighbouring village to bid at an auction where the field, which according to the prosecution engendered the dispute, was being sold.
The ten or eleven who had chased Lachhuri came back and on hearing the cries of these five on the ground, Sukha and Gumana said that they were crying and should be killed outright.
This was resented by the Baories and the allegation is that the Baories were responsible for the fight and attacked some of the others in the village and that led to a fight but numbere of the appellants was companycerned with it.
Five of the eleven are said to have beaten them with swords and lathis another five with lathis, etc.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Of these, two died during the companyrse of the proceedings.
1 of 1952.
The problem is to sort out those who formed an unlawful assembly from those who did number.
April 5.
The accused were charged as follows.
along with other accused.
This was said to be the result of a riot that occurred in the village Dhankoli.
The High Court dismissed the appeal of the companyvicts and allowed that of the State.
Porus A. Mehta and P. G. Gokhale, for the respondent.
All four died on the spot.
The companyvictions of these nine persons were accordingly altered to ones under section 302/149 of the Indian Penal Code and the lesser sentence of transportation was given to each.
These persons also attacked Chhotiya and Parsia.
Chhotia P.W. 8 says 30 to 35, Ruga W. 1 says 50 or 60, Bedu P.W. 2 puts it at 30 or 40 and so does Lachhuri P.W. 10 , while Ladia P.W. 11 thinks there were as many as 100 to 150.
The Judgment of the Court was delivered by BOSE J. Four persons were killed about 11 p.m. on the night of the 21st July 1951 and a number of others injured.
There were some companyrt proceedings about the field in which Parsia one of the Baories who was killed had appeared against the Jats.
These persons are Baories.
133 of 1955.
From this point it will be companyvenient to divide the narrative into a series of numbered steps.
The State did number appeal against the acquittals of the twenty five under section 325/149 number did it appeal against the acquittals of two of the eleven who were charged under section 302/149 but it appealed against the acquittals of the remaining nine who had been companyvicted under section 325/149.
Ganesh was beaten by Bhawana dangri , Govinda sword , Kumla pharsi and Begla dangri .
while the eleventh, Sukha, is said to have fired at Parsia and Mana as a result of which they fell down.
In the meanwhile, Ganesh and his wife Seruri Baories arrived and said dont beat, dont beat.
On that these eleven persons divided into three groups and attacked the five on the ground as follows Parsia was beaten by Sukha with a pharsi , Jeewana dangri and Chokla dangri .
