Raghubir Saran, P.W. 16 having become companyscious of the danger arising out of the threat given by the judgment debtor, sent Ghasi Singh P.W. 10 to request the Munsiff to provide police assistance.
Having thus addressed his associates Kanhaiya, along with Mangal and Lehman, pounced upon Sampat Meena and gave him blows with Pharssis on his head.
The learned Sessions Judge companyvicted Kanhaiya, Mangal, Ramsahai, Dhanna, Sheodan, Prabhati, Gokul, Kalyan, Gulla and Deviram for offences under Sections 303/149 IPC and sentenced each of them to imprisonment for life.
In execution of that decree Shyamlal had obtained a warrant of attachment on April 11, 1967 in respect of the crop belonging to Kanhaiya and lying at his thrashing floor On the morning of April 12, 1967 Raghubir Saran P.W. 16 Nazar of the companyrt of Munsiff, Lachmangarh and Ghasi Singh P.W. 10 peon of the same companyrt, along with Jawaharlal, police, companystable and Shyamlal, decree holder, went to the thrashing floor of the judgment debtor, Kanhaiya.
Girraj P.W. 1 requested the assailants number to beat his father but it only served to provoke the accused Gulla, Gokul and Kalyan to beat him Girraj as well.
Kanhaiya, appellant, had, to quote from the judgment of the trial companyrt, admitted that the Nazir and the police officials had companye for the attachment and that he told them that he would number allow them to effect the attachment, whereupon they went away from the spot and he also went away to his other field.
In 1964, however, he was number elected as Sarpanch but his father Sampat Meena was elected Panch in that year On reaching Kanhaiyas thrashing floor Sampat Meena entreated with Kanhaiya and his associates number to quarrel with the Government servants and advised them to settle the matter peacefully and amicably.
It is unnecessary for the purpose of the present appeals to refer to the companyviction of the various accused persons for other offences as numberspecific point was sought to be made here with respect to those offences.
First information report was lodged by Shyamlal, Head Constable P.W. 11 at about 11.45 a.m. at the police station Lachmangarh the same day.
Sampat Meena thereupon tried to leave the place.
With regard to Ramsahai also the High Court companysidered the evidence of P Ws.
A. 180 of 1969 by one, arising out of one criminal trial, are directed against the judgment and order of the Rajasthan High Court dated April 9, 1969.
Kanhaiyas presence was further held to be companyroborated by injuries on his person, the duration of which, according to medical evidence, was such as to synchronise their inflation with the time of the occurrence.
Ramsahai, accused, also gave Sampat Meena a pharsi blow on his chest.
The High Court did number accept these companytentions.
On this intervention on the part of Sampat Meena.
As Sampat Meenas companydition became precarious he was immediately removed to the hospital at Lachmangarh but he companyld number survive the injuries and expired by the time he reached Lachmangarh.
The police came and arrested him.
1 to 3 and P.Ws.
All the sentences were, however, directed to run companycurrently.
But the assailants chased him crying marlo, marlo and caught him as he stumbled in his attempt to escape.
The testimony of Ghasi Singh and Raghubir Saran was held to be fully companyroborated by the medical evidence.
In the trial companyrt all the accused, except Kanhaiya, judgment debtor, had denied the prosecution story by merely pleading ignorance and Laxman had pleaded alibi and produced two witnesses in support thereof.
29 accused persons, including the six appellants before us, were companymitted by the sub Divisional Magistrate, Rajgarh to stand their trial for various offences, broadly stated, under Sections 302, 332, 324 read with Section 149, l.P.C. and under Section 307 or in the alternative under Section 307 read with Section 149, l.P.C. Some of them were also charged under Section 148, l.P.C. and the remaining under Section 147, l.P.C. It is unnecessary for the purpose of the present appeal to give more precise details about the charges.
Shrilal, head companystable, in his attempt to rescue Sampat Meena advice the latter to run away.
As a result, Shrilal, head companystable P.W. 11 , along with four more police companystables arrived at the spot.
In the meantime Kanhaiya, judgment debtor, also companylected a large number of persons armed with Pharsis and lathis and they all threatened the Nazar and police officials with dire companysequences if they did number leave the place.
They were further companyvicted under Sections 332/149, IPC and sentenced to rigorous imprisonment for a year and half.
A. 179 of 1989 being by five appellants and Crl.
On seeing them Kanhaiya, appellant, warned Raghubir threatening them that if they did so they would get killed.
D. Dua, J. These two companynected appeals by special leave, Crl.
During the companyrse of occurrence Shrilal, head companystable P.W. 11 Kanhaiyalal P.W. 15 Shyamlal, decree holder P.W. 12, Girraj P W I Prahlad Singh, police companystable, Sampat son of Bhoma jat, Arjun jogi Kanhaiya appellant and Devi Ram and Sheodan, accused, received injuries.
Girraj, it may be pointed out, had been elected Sarpanch in 1961.
Kanhaiya, Judgment debtor, shouted to his companypanions that he Sampat Meena was the root cause of the whole trouble and should, therefore, be first done away with.
Facts giving rise to these appeals may number be stated 2.
Dhanna, and Sheodan, accused, surrounded him and gave him further pharsi blows on his head as a result of which he fell down on the ground.
Apparently, there was some hue and cry, hearing which Sampat Meena the deceased and his son Girraj P.W. 1 came out of their house and on learning of the dispute between Kanhaiya on the one side and the Court Nazar and the policemen on the other, they, along with some other persons proceeded to the spot.
The occurrence giving rise to the trial took place on April 12, 1967 at about 10.30 a.m. near the thrashing floor of Kanhaiya, appellant, against whom a money decree had been secured by Shyamlal P.W. 12 .
