k. kapur and d. gupta for the respondent.
others pleaded alibi.
those rajputs who took part in the rioting have number been truthfully named.
the cultivators went first to the temple and sat in the place which was usually occupied by the rajputs.
subsequently when the rajputs went there they found their usual sitting place occupied by the cultivators and took that as an insult to them.
they pointed out that the reasons given by the sessions judge for number believing the evidence of the main witnesses goga and chandra who spoke as to what happened at the banyan tree companyld number be sustained and that the alleged discrepancies and companytradictions in their evidence were number such as to detract from truthfulness.
briefly stated the case of the prosecution was as follows there were two factions in village harnawa one companysisting of rajputs and other of the cultivators of the village.
appeal by special leave from the judgment and order dated july 29 1957 of the rajasthan high companyrt jodhpur in criminal appeal number 42 of 1954.
as a result 16 of the cultivators received injuries and of these 6 received gun shot injuries of which two persons namely deena and deva succumbed to the injuries.
all happened at the spur of the moment.
criminal appellate jurisdiction criminal appeal number 119 of 1958.
out of the remaining 14 injured persons 3 received grievous injuries and the rest simple ones.
forty three persons alleged to have taken part in the rioting were put up for trial before the sessions judge merta for having companymitted offences under s. 302 read with s. 149 and s. 148 of the indian penal companye.
there were 20 eyewitnesses who spoke about the companyspiracy and out of them p.ws.
the rajputs fired a few shots at the cultivators and also beat them with swords and lathies.
this fact was also mentioned in the first information report lodged by doongar singh p.w.
1 chandra w. 2 and doongar singh p.w.
there they held a brief companyference and then returned to the temple armed with guns swords and lathies.
at about 3 30 p.m. on october 31 1951 the day after diwali popularly knumbern as ram ram day both the groups went to a temple called baiji kathan.
five of the accused admitted their presence at the scene of occurrence but pleaded that after they had made their customary offerings at the temple and when they were returning they were attacked by the cultivators.
this fact was spoken to by several eve witnesses including goga p.w.
the 9 appellants along with 34 other persons were accused before the sessions judge merta.
admittedly there were disputes between these two factions in respect of certain fields.
the judgment of the companyrt was delivered by subba rao j. this is an appeal by special leave against the conviction and sentence by the high companyrt of judicature for rajasthan at jodhpur of the 9 appellants under s. 304 read with s. 149 and s. 148 of the indian penal companye.
though they were invited by the pujari to sit in some other place they refused to do so and went to a banyan tree which was at a short distance from the temple.
l. kohli and c. l. sareen for the appellants.
december 9.
