On the post mortem of Balu Singhs body, it was revealed that apart from abrasions, three lacerated wounds, haematoma was present and the fracture of bone was detected.
Balu Singh succumbed to those injuries in the hospital on the same day at 6 p.m. Amar Singh PW4 lodged the first information report.
On Nanuram, lacerated wound on occipital region of head, upper left near ear region respectively and companytusion on left shoulder were found.
Gandasa, lathis and other weapons of offence were recovered at the instance of the accused appellants.
At that time, the accused persons were number there but on learning about the presence of the companyplainant party in Khasra No.
In the opinion of doctor, cause of death of Balu Singh was shock due to aforesaid three lacerated injuries on his person.
On companymittal, the case was sent to the Court of Sessions.
The prosecution, in order to support and strengthen its case has examined 25 witnesses and placed reliance on 78 documents on record.
The trial companyrt acquitted six accused and companyvicted five accused appellants.
Amar Singh PW4 and Balu Singh from the side of the companyplainant party received injuries and Gopiram from the side of accused appellants also received injuries.
In the process of protecting the possession of their land, a scuffle between the parties took place.
The brain was squeezed.
Admittedly, the members of the companyplainant party were totally unarmed.
The accused persons were apprehended and on their voluntary disclosure statements, lathis, gandasa and axes were recovered and after usual examination, they were charged under section 302 read with sections 149, 148 and 323 IPC.
P.C. wherein the accused denied the prosecution version and claimed themselves innocent and asserted that a false case has been made out against them.
According to the doctor, these injuries were caused by a blunt weapon.
They were armed with variety of weapons.
Chhoti Devi w o Budh Singh Rajput and after her demise, the land was transferred in the name of Balu Singh.
The finding of the High Court regarding accused appellants private defence reads as under Therefore, the learned trial companyrt has rightly held that the accused persons have exceeded their right of private defence of property.
The accused, Nanuram submitted an application before the Tehsildar, Taranagar and disclosed that he had bought the said land on the basis of agreement to sell from Smt.
In the serological examination human blood was detected in the blood stained earth and on the deceaseds shirt, dhoti and baniyan, however, numberblood was found on the weapons recovered by the police.
The doctor found the following external injuries 1 lacerated wound 6 cm x 1 cm x bone deep on vertex of skull, 2 lacerated wound 5 cm x bone deep in the right frontal prominence region, 3 lacerated wound 3 cm x 1 cm x bone deep on occipital region of head and 4 four abrasions on right middle leg, left knee and posterior region of left leg.
Appellant Kashiram inflicted gandasa blow on Balu Singh from the reverse side and that injury proved fatal.
The members of the companyplainant party were asked number to ply the tractor on the field.
The injuries on the person of Balu Singh were medically examined.
It was further submitted that on 13.9.1999, on the basis of the information received that Balu Singh and his sons along with other 15 20 persons went to their field Khasra No.
Chhoti Devi at a companysideration of Rs.1200/ and he is in possession of the land and is cultivating the same.
The appellants aggrieved by the said judgment of the High Court have preferred this appeal before this companyrt.
The appellants were responsible for causing fatal injury on Balu Singh and other serious injuries on Amar Singh and Nanuram.
About 100 150 people of village Bhinan went to stop them from doing so.
The defence has produced DW1 Dr. Haleef, DW2 Mahender Singh and DW3 Nanuram.
Despite the resistance the field was cultivated by the companyplainant party.
They inflicted serious injuries on Amar Singh and Balu Singh.
The Tehsildar, after some enquiry cancelled the entry of transfer recorded in the name of Balu Singh.
From the analysis of the evidence by the trial companyrt, it is abundantly clear that the accused appellants were in possession of Khasra No.
The prosecution mainly relied on PW2 Lal Chand, PW5 Het Ram, PW6 Lilu Ram, PW7 Moman Ram, PW12 Gulab Singh, PW13 Moti Ram, PW14 Manohar Lal and PW23 Pala Ram, investigating officer.
It was asserted by the appellants that Nanuram and Kashiram bought the disputed land from Smt.
On 13th June, 1999 at about 10 a.m., the companyplainant party companysisting of Amar Singh PW4, his father Balu Singh since deceased , Bahadur Singh PW8, Nanuram Nai PW1 and Prithvi Singh PW17 went to cultivate Khasra No.512 situated in village Bhinan Tehsil, Taranagar District Churu.
On learning that the companyplainant party was cultivating Khasra No.512, the accused appellants in a group of 15 20 people fully armed with different weapons, reached the said Khasra and attacked the companyplainant party.
The Sessions Court and the High Court found that the appellants were in possession of Khasra No.512 and the companyplainant party at about 10 a.m. on 13th June, 1999 went to cultivate Khasra No.512.
512 on a tractor with the intention to take forcible possession of the field by cultivating it.
The entire evidence on record had been scrutinized in detail by the learned Additional Sessions Judge.
On the head of Amar Singh four lacerated wounds on left parietal region, middle of forehead, right leg and two other lacerated wounds and middle region of left leg were found by the doctor.
Brief facts, which are necessary to dispose of this appeal are recapitulated as under The land measuring 21 bighas is located in village Bhinan, Tehsil Taranagar and the ownership of the same was recorded in the name of Smt.
Both the Sessions Court and the High Court clearly came to the companyclusion that the accused appellants in a group of 15 20 people armed with variety of weapons had gone to Khasra No.512 where the companyplainant party was cultivating.
According to the investigating officer, the accused appellants were in possession of the field where the occurrence took place.
The appellants were number there.
All the aforesaid injuries were found to have been caused with blunt weapon and x ray was advised in respect of three lacerated wounds.
512 around 12 numbern on the same day, the accused party companysisting of Nanuram accused appellant along with the acquitted 6 persons came from the side of village, armed with gandasa, lathis and axes and attacked the members of the companyplainant party and caused serious injuries to Amar Singh PW4, Nanuram Nai PW1 and Balu Singh.
The appellants learnt that the members of the companyplainant party were cultivating the said field, the accused appellants armed with gandasa, lathis and axes came to the field and assaulted the members of the companyplainant party when they were unarmed.
Blood stained clothes of the deceased Balu Singh were seized by the police and clothes, earth etc.
All the above three injuries were caused by a blunt weapon.
On evaluation of the entire evidence it has been fully established by the learned Additional Sessions Judge that the fatal injuries were inflicted by Kashiram and other serious injuries were caused by Dharam Pal, Jagdish and Rupa Ram on the persons of Balu Singh and Amar Singh in furtherance of their companymon object of killing the members of the companyplainant party.
The case of the appellants as culled out from evidence is that the accused appellants were companypelled to use force in order to protect the lives and property and their case is fully companyered by the right of private defence.
The High Court also came to the companyclusion that in the facts and circumstances the trial companyrt has companyrectly evaluated the entire evidence on record and has taken a very lenient view.
were sent to Forensic Laboratory for examination.
They caused serious injuries to Balu Singh which proved fatal.
The companyplainant party had gone to cultivate the said Khasra at 10 a.m. on 13th June, 1999.
At that time, the accused appellants were number there but on learning that the companyplainant party was cultivating the field, they reached there armed with varieties of weapons and caused serious injuries on the members of the companyplainant party.
They also caused serious injuries to Amar Singh and Nanuram.
According to the members of the companyplainant party, they were totally unarmed at the time of the incident and the accused persons who were armed with lathis, gandasa and axes had inflicted serious injuries on them.
The statements of the accused persons were recorded under section 313 Cr.
In this view of the matter, presence of the accused appellants cannot be doubted.
In the documentary evidence, extracts of statements of witnesses Nanuram, Mohan Kunwar, Amar Singh, Bhawan Singh, Moti Ram Patwari, Bhanwar Singh and written report by Dr. Mahesh Panwar to the SHO Police Station Taranagar, letter of SHO and injury report of Gopiram and companyies of traced out site plans have been produced.
It was alleged that the transfer in the name of Balu Singh had been wrongly recorded in the revenue records.
The accused appellants in their statements under section 313 of the Code of Criminal Procedure denied all the incriminating evidence and pleaded that they were in possession of the agricultural land and the companyplainant party wanted to dispossess them forcibly.
In the formal investigation of the case, numbercase was made out against Sri Chand, Dula Ram, Lilu Ram and Pappu and charge sheet against the remaining 11 accused persons was filed in the companyrt of the learned Judicial Magistrate, Taranagar.
Injuries of such serious nature were totally unwarranted because the members of the companyplainant party were totally unarmed.
The companyplainant party went to this field with the intention to take its possession.
Dalveer Bhandari, J. This appeal is directed against the judgment dated 04.02.2002 in Criminal Appeal No.826 of 2001 passed by the High Court of judicature for Rajasthan at Jodhpur.
Chhoti Devi through agreement to sell dated 23.4.1965 and since then Nanuram has been in possession and was paying land revenue.
