JUDGMENT 1. - Instant appeal has been filed by the accused appellants namely; Chhitarlal S/o Nanda adopted son of Harji; Baluram S/o Kanaram; Gopallal S/o Suwalal; Ramnarain S/o Sona @ Sheonarain; Gogaram S/o Nandaram; Sheojiram S/o Chhittar; Ratanlal @ Ratna S/o Kanaram; Ramdhan S/o Gogaram; Bheruram S/o Ramnarain; Sheopal S/o Suwalal; Ramdeo S/o Nandaram; Ghasilal S/o Arjana; Gopallal S/o Ramnarain. 2. All the above accused appellants have been convicted for the offence under sections 302, 302/149, 326, 326/149, 325, 325/149, 324, 324/149, 323, 323/149, and 148 IPC. 3. A report came to be lodged on 21.8.2003 by one Shri. Ramlal at Police Station Lambaharisingh (Exhibit-P/1). inter-alia stating that around 1.30 PM, when Ramchandra (the deceased), Ramlal s/o Sona, Bhura s/o Sona, Bhura s/o Ghisa, Ramdeo s/o Kana and Sheodan s/o Ramdeo were grazing cattle in the agricultural land, then Chhitar, Balu, Goga, Sheoji, Ratna @ Ramratan, Gheesa, Gopal, Sheopal, Ramnarain, Ramnarain s/o Sheochand, Gopal s/o Ramnarain, Ramdev, Ramcharan, Bheru, Ramdhan, all by caste Jat, resident of Dhadawat, with common intention, entered into their agricultural lands and started beating them with 'Kulhadis' (Axes) and 'Lathis ' due to which all of them sustained injuries and Ramchandra s/o Kishan, by caste Gurjar died. This was submitted to SHO, Police Station Lambaharisingh on 21/08/2003 and Satyanarain, SHO/In-charge, Police Sation Lambaharisingh registered FIR on 21.08.2003 at about 4.45 pm. 4. Thereafter, criminal investigation came to be ordered by the Additional Chief Judicial Magistrate, Malpura (Tonk). 5. In all 25 witnesses were examined by the prosecution. 6. Gopal Lal s/o Shri Ganga Ram Nayak (P.W.2) stated that he was posted as a Patwari of Halka Kacholiya and as directed by the Tehsildar, Malpura, in a case No.100/03, he went with police people of Police Station Lambaharisingh on the spot at village Dhadawat. He made a site plan of Khasra No.47 and 48. On the same day, as per directions of Tehsildar, Malpura, in the presence of Police, he inspected Khasra No.28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 49, 51, 52, 53, 54, 59/3, 356, 368 and 378. He made a site plan of Khasra No.47 and 48. On the same day, as per directions of Tehsildar, Malpura, in the presence of Police, he inspected Khasra No.28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 49, 51, 52, 53, 54, 59/3, 356, 368 and 378. On the spot, the police conveyed site of the incident and on the basis of record, it was Khasra No.41, admeasuring Rakba 2 Bigha 16 Biswa, which was recorded in the name of Chhaggu daughter of Moti Lal Jat and on the basis of the sale, mutation No.390 and 391 dated 07.08.1999, got mutated in the name of Ramlal s/o Sonya Jat and Ramchandra s/o Kishan Gurjar, in the equal share. On that day, there was no crop. There is dispute about this land and in the Jambandi, there is note about order of stay and on this land, receiver was appointed and he had given Jamabandi of Khasra No.47 and 48 to the police. He also gave Jambandi of Khasra No.41 and original is Jamabandi (Exhibit-P.6) and its copy (Exhibit-6A). Though in column No.4, it is in the name of Chhaggu, but on account of mutation No.390 & 391, it has been recorded in the name of Ramlal and Ramchandra in equal share and there is an endorsement in the mutation about the stay by a Court. In cross examination, he also stated that the land was under receiver and they have not given right to anyone to graze cattle and it is true that in this village and Tehsil, at the time of incident, there was famine and drought for last 1-2 years and certainly the value of water is precious, as the crops which get water, will survive. He also stated that 'Nada' was in Khasra No.376, which is recorded in the name of Kana, Nanda, Arjana and Suwa. From this Nada, water is being brought/supplied to Khasra No.47, 48 which is of Kana and others. He also stated that 'Dhora' (temporary boundary wall) is old. 7. Satyanarain s/o Kana Ram (P.W.3) stated that he was posted as Constable in Police Station, Lambaharisingh. On 21/08/2003 at about 3.35 pm, he received telephonic information from Additional SP, Malpura that in his area, in village Dhadawat, fight took place between two parties on account of dispute of land and the injured party stand admitted in Govt. 7. Satyanarain s/o Kana Ram (P.W.3) stated that he was posted as Constable in Police Station, Lambaharisingh. On 21/08/2003 at about 3.35 pm, he received telephonic information from Additional SP, Malpura that in his area, in village Dhadawat, fight took place between two parties on account of dispute of land and the injured party stand admitted in Govt. Hospital, Malpura and additionally, one Ramchandra s/o Kishna Gurjar, resident of Village Dhadawat has died. He upon receipt of information, went to Govt. Hospital, Malpura on a motorcycle bearing No. RJ-26-3-M 3525. He reached hospital at 4.15 pm. At that time, Bhanwar Singh, SI, Police Station Malpura gave a Tehriri Report which was given by Ramlal s/o Sona Jat of Dhadawat. He carried this report to Police Station, Lambaharisingh. The report, which was given to him, is Exhibit-P/1. This report was handed over by him to Satyanarain, Head Constable, No.110 at Police Station Lambaharisingh, on the basis of which formal FIR was registered. Said FIR is Exhibit-P/2. He brought this written report and FIR to Malpura Hospital. Then he and SHO went to village Dhadawat and the SHO made spot inspection. From the village Dhadawat, in his presence, the SHO caught hold of accused Chhittarmal and arrested him, vide memo Exhibit-P/3. Accused Balu was also arrested vide memo Exhibit-P/4; accused Gopal Lal s/o Suwa Lal vide memo Exhibit-P/5, accused Ramnarain s/o Sona vide memo Exhibit-P/6, accused Goga vide memo Exhibit-P/7, accused Sheoji vide memo Exhibit-P/8, accused Ratan Lal vide memo Exhibit-P/9, accused Ramdhan vide memo Exhibit-P/10, accused Bheru vide memo Exhibit-P/11, accused Sheopal vide memo Exhibit-P/12, accused Ramdev vide memo Exhibit-P/13, accused Ghasilal vide memo Exhibit-P/14 and accused Gopal Lal s/o Ramnarayan vide memo Exhibit-P/15. Information was given to Senior officers by sending special report. He stated that in Gram Dhadawat, four accused were found hidden in 'Badas'. On the day of incident, the SHO seized blood stained earth. Initially, the SHO made site plan, the earth was seized and then the accused were searched and arrested. He also stated that the accused, arrested by them, were got medically examined from the doctor. 8. He stated that in Gram Dhadawat, four accused were found hidden in 'Badas'. On the day of incident, the SHO seized blood stained earth. Initially, the SHO made site plan, the earth was seized and then the accused were searched and arrested. He also stated that the accused, arrested by them, were got medically examined from the doctor. 8. BC Meena s/o Jagannath Meena (P.W.4) stated that on 21.08.2003, he was posted as a Constable in Police Station- Lambaharisingh and on that day, in his presence, the SHO Gopal Singh arrested accused Goga Ram vide memo Exhibit-P/7; accused-Sheoji Ram vide memo Exhibit-P/8; accused Ratan Lal vide memo Exhibit-P/9 and accused Ramdhan was arrested vide memo Exhibit-P/10. The accused Ramdhan was arrested on 22.08.2003. He further stated that under the orders of SP, Tonk, he took three sealed packets on 18.09.2003 from Police Station Lambaharisingh and deposited the same in FSL, Jaipur and took receipt bearing No.9264 which is Exhibit-P/16. 9. Baijnath s/o Shanker Lal Jat (P.W.5) stated that he was posted as an Assistant Radiographer on 28.08.2003 in Malpura CHC and on that day, on the direction of doctor Arjun Das, he had taken out X-Ray of Sheodan s/o Ramdev Gurjar, vide (Exhibits-P/17 & P/18). On 21.08.2003 he took X-Ray of Ramdev s/o Kana Gurjar vide (Exhibits-P/21 to P/23). On the same day, he took X-Ray of Mohanlal s/o Sheonarain Jat. On the same day, he took X-Ray of Bhanwar Lal s/o Gheesa Gurjar. All these X-Rays were taken under the orders of doctor Arjun Das who was sitting there. 10. Dr. Arjun Das (P.W.6) stated that he was posted as a Medical Officer at CHC, Malpura on 21.08.2003 and on that day, on the request of SHO, Malpura, he examined Ramdev s/o Kana (P.W.17), by caste Gurjar, resident of Dhadawat and found following injuries on his person:- (i)Swelling 2x2 inch on back side of left hand (ii) Swelling 4x3 inch on left hand elbow (iii) Bruise 1/2 x 1/4 inch on left knee (iv) Swelling on all around the right knee (v) Lacerated wound 2.5x1.4 inch upto depth of skin on the middle part of right leg. 11. All these injuries were caused with a blunt weapon. Injury No.3 and 5 were simple in nature, for injury No.1,2 and 4, X-Ray was advised. All the injuries were caused within six hours and injury report was Exhibited as P/34. 11. All these injuries were caused with a blunt weapon. Injury No.3 and 5 were simple in nature, for injury No.1,2 and 4, X-Ray was advised. All the injuries were caused within six hours and injury report was Exhibited as P/34. On his direction, X-ray was taken at CHC on 21.08.2003 by Assistant Radiographer Baidhnath. As per X-ray, on the second and fourth finger of left hand, fracture of metacarpal bone was found. As such, injury No.1 was declared grievous. Right fibula bone was fractured. As such, injury No.4 was also declared grievous. X-Ray showed fracture of left hand ulna, below elbow. The said injury No.2 was also found grievous in nature. 12. On the same day, he examined Bhanwar Lal (P.W.24) s/o Sheonarain, by caste Jat, resident of Dhadawat and following injuries on his person were noticed:- (i) Incised wound in triangle shape measuring 1.5 x 1/4 inch upto the depth of bone on the center part of forehead. (ii) Lacerated wound measuring 1/4 x 1/10 inch skin deep on lower part of left arm. (iii) Lacerated wound measuring 1/4 x 1/10 inch skin deep on the lower part of left leg. (iv) Lacerated wound measuring 3/4 x 1/10 inch upto the depth of cartilage on the middle part of right ear. (v) Swelling all around the right knee. 13. Injury No.2,3,4 and 5 were caused from blunt weapon. Injury No.1 was caused by a sharp edged weapon while Injury No. 2, 3 and 4 were simple in nature but for the Injury No. 1 and 5, X-Ray was advised. After perusal of the X-Ray, the Doctor opined that there was no fracture and therefore, all injuries were found simple in nature. 14. On the same day, he also examined Bhanwar Lal @ Bhura (P.W.14) s/o Gheesa, by caste Gurjar, resident of Dhadawat and noticed following injuries on his person:- (i) Lacerated wound measuring 3/4 x 1/10 inch upto the depth of skin on right leg. (ii) Reddish contusion measuring 11/2 x 1/4 inch on right leg with swelling of knee (iii) Lacerated wound measuring 1x1/10 inch upto the depth of bone on middle part of right leg. (iv) Lacerated wound measuring 11/4 x 2/10 inch upto the depth of skin on upper part of left leg. (v) Lacerated wound measuring 11/2 x 1/4 inch upto the depth of bone on middle part of left leg. (iv) Lacerated wound measuring 11/4 x 2/10 inch upto the depth of skin on upper part of left leg. (v) Lacerated wound measuring 11/2 x 1/4 inch upto the depth of bone on middle part of left leg. (vi) Lacerated wound measuring 11/2 x 1/4 inch upto the depth of skin, one inch below the injury no.(v). (vii) Lacerated wound measuring 1.5x1/10 inch upto the depth of skin, one inch below the injury no. (vi) (viii) Reddish contusion, measuring 1.5x inch on back side of left forearm. (ix) Incised wound measuring x 1/10 inch upto the depth of flesh with swelling on lower part of right arm. (x) Incised wound 1x1/10 inch upto the depth of bone on center of left hand. (xi) Reddish contusion measuring 11/2 x 1/4 inch of red colour on right knee. (xii) Reddish contusion measuring 11/2 x 1/4 inch of red colour on upper part of right leg. 15. Injuries No.1, 2, 3, 4, 5, 6, 7, 8, 11 and 12 were on account of blunt weapon while Injuries No. 9 and 10 were caused by sharp edged weapon. Injuries No.1, 4, 6, 7, 8, 11 and 12 were declared simple in nature. The duration of injuries was within six hours. The medical report was proved as Exhibit-P/36. As regards, injuries No.2, 3, 5, 9 and 10, he advised for X-Ray which was done by the Assistant Radiographer Baijnath at CHC, Malpura. After perusal of X-Ray he opined that there was fracture of tibia corneal fracture on the right knee. As such Injury No.2 was declared grievous. He also noticed that fibula bone and medial melons were fractured on left leg. As such, injury No.5 was also declared grievous. Injury No.3, was declared simple in nature. Index and little finger of left hand were fractured and as such injury no.10 was declared grievous. 16. On the same day, Sheodan (P.W.16) s/o Ramdev, resident of Dhadawat was also examined and the injuries suffered by him were noted as under:- (i)Incised wound measuring 1/4 x 2/10 inch skin deep on upper part of right leg. (ii)Abrasion measuring 1/4 x 1/4 inch on middle part of the left leg. (iii)Reddish contusion measuring 6 x 1/4 inch on right side of back. (iv)Reddish contusion measuring 3 x 1/4 inch on left side of the upper part of back. (ii)Abrasion measuring 1/4 x 1/4 inch on middle part of the left leg. (iii)Reddish contusion measuring 6 x 1/4 inch on right side of back. (iv)Reddish contusion measuring 3 x 1/4 inch on left side of the upper part of back. (v) Complaint of pain on back side of neck but no visible injury. 17. Because the patient was admitted and continuously complaining of pain on the back side of neck, therefore, X-Ray of injury no.5 was advised. As per X-Ray report no fracture was found. 18. On the same day i.e. On 21.8.2003, Dr. Arjun Dass (P.W.6) conducted postmortem of the dead body of Ramchandra s/o Kishan, by caste Gurjar, resident of Dhadawat on the request made by CI, Malpura and the dead body of Ramchandra was identified by his uncle (Badri s/o Kana) and following external injuries were found on the body of the deceased:- (i)Lacerated wound measuring 21/2 x 1/4 inch upto the depth of bone on the left parietal region of scalp. (ii) Lacerated wound measuring 1 x 1/4 inch upto the depth of bone on the right parietal region of scalp. (iii)Incised wound measuring 11/2 x inch upto the depth of muscle on middle part of right leg. (iv)Incised wound measuring 1 x 1/10 inch upto the depth of skin on lower part of the right leg. (v)Incised wound measuring x 1/10 upto the depth of skin on upper part of the left leg. (vi)Lacerated wound measuring 3/4 x 1/10 inch upto the depth of skin on middle part of left leg. (vii) Lacerated wound measuring 1/2 x 1/10 inch upto the depth of bone on left leg and the left leg leaned upto the ankle. (viii)Incised wound measuring 1/2 x 1/10 inch upto the depth of bone on left elbow. (ix)Swelling all around the left wrist. (x)Reddish contusion measuring 4 x 1/4 inch on left forearms. (xi)Reddish contusion measuring 3 x 1/4 inch on upper part of right forearm. (xii)Reddish contusion measuring 2 x 1/4 inch on lower part of the right arm. 19. On internal examination of the dead body, it was observed as under:- (i)Head:-There was fracture of right parietal and left parietal bone on the head. Membrane was ruptured and lacerated. There was presence of subdural subarachnoid haematoma . The brain was ruptured on right and left parietal area. (ii) Thorax:- All parts of thorax was healthy. 19. On internal examination of the dead body, it was observed as under:- (i)Head:-There was fracture of right parietal and left parietal bone on the head. Membrane was ruptured and lacerated. There was presence of subdural subarachnoid haematoma . The brain was ruptured on right and left parietal area. (ii) Thorax:- All parts of thorax was healthy. (iii) Abdomen:- All parts of Abdomen was healthy. (iv) Muscles, Bone & Joint:- There was a lower third fracture on both bone of the left leg. There was a fracture of radius and ulna bone of left wrist. There was fracture of left and right parietal bone on head. 20. After examination of internal and external parts of dead body of Ramchandra, the doctor opined that in his opinion, the cause of death was due to neurological shock, which resulted due to injury to vital organ brain and there was peripheral circulatory failure, which was caused on account of loss of blood due to many injuries caused and fractures suffered by him. All the injuries were ante mortem. The post-mortem report was proved on record as Exhibit-P/40. 21. In cross examination, the doctor stated that there were fracture of bones of left leg and left hand and on account of this fact, death due to fat-embolism cannot be ruled out. He said that when a person falls down on ground, his body may be stained with sand. He further stated that the injuries caused were sufficient to cause death in the ordinary course of nature and that injuries No.3, 4, 5 and 8 could not be caused by 'Lathi' blows. 22. Kamlesh Kumar s/o Gheesalal (P.W.7) stated that he was posted as Constable in Police Station Lambaharisingh on 21.08.2003 and on that day, the SHO arrested the accused Chhittar s/o Nanda Jat vide Exhibit-P/3 and on the same day, Balu Ram s/o Kana Ram was arrested vide Exhibit-P/4; Gopal s/o Suwalal vide Exhibit-P/5 and Ram Narain was arrested vide Exhibit-P/6 and on all these arrest memos, were signed by him. Besides him, one Constable Satyanarain was also there. On the same day, he was sent for calling Ramswaroop, Photographer and he came back with Photographer on police vehicle. 23. Panna Lal Jangid s/o Mohan Lal Jangid (P.W.8) stated that on 25.10.2003, he was posted as SHO in Police Station Lambaharisingh. He received file relating to FIR No.100/03 from Addl. Besides him, one Constable Satyanarain was also there. On the same day, he was sent for calling Ramswaroop, Photographer and he came back with Photographer on police vehicle. 23. Panna Lal Jangid s/o Mohan Lal Jangid (P.W.8) stated that on 25.10.2003, he was posted as SHO in Police Station Lambaharisingh. He received file relating to FIR No.100/03 from Addl. SP, Malpura to file challan in the Court. Thereafter, he obtained orders for filing charge-sheet from SP, Tonk. He recorded statement of witness Ramswaroop on 31/10/2003 correctly. 24. Satyanarain s/o Devilal (P.W.9) stated that he was posted as a Head Constable on 21.08.2003 at Police Station- Lambaharisingh and was In-charge of the Police Station as well as Malkhana (Treasury). On that day, Addl. SP, Malpura informed by way of telephone that two parties had a fight with each other in Gram Dhadawat and that one person died. SHO, Malpura went to the hospital and S.I., Bhanwar Singh with force at Gram Dhadawat. Then, he had sent Satyanarain, Constable on motorcycle to Malpura hospital. The SHO, after reaching Police Station, Malpura, upon information reached Malpura Hospital. When Satya Narain, Constable came with FIR (Exhibit-P/1) at 4.4.5 PM, then he registered case No.100/03 u/s 147, 148, 149, 447, 302 IPC which was signed by him at 'E' to 'F' and on written report (Exhibit-P/2), he also signed at 'C' to 'D' and all these were recorded in the 'Rojnamcha' . On that day, he was In-charge of 'Malkhana' (treasury) also. On that day, the seized goods/articles were given to him by the SHO in three sealed packets, same were deposited by him in 'Malkhana' and the entry was made at serial No.33 in 'Malakhana' register, the original copy of which is Exhibit-P/44 and the certified copy of which is Exhibit-P.44/A. On 26.08.2003, total thirteen articles out of which there were two 'Kulhadis' (axes) and eleven lathis, were handed to him for depositing the same in Malkhana. The goods/articles deposited on 21.08.2003 in three sealed packets were sent vide letter No.17747-48 dated 15.09.2003 written by S.P., Tonk through Constable Birdhi Chand on 18.09.2003 to FSL, Jaipur and the receipt of same dated 18.09.2003 was submitted at Police Station. In cross examination, he explained that he took charge of 'Malkhana' from Kailash, Head Constable on 03.08.2003 and that it is wrong to say that he was not In-charge of 'Malkhana'. In cross examination, he explained that he took charge of 'Malkhana' from Kailash, Head Constable on 03.08.2003 and that it is wrong to say that he was not In-charge of 'Malkhana'. He proved deposit of the articles i.e. Baniyan, Safa, Dhoti, Towel and Gudri etc., in Malkhan. 25. Rampratap s/o Laduram (P.W.10) stated that on 24.08.2003 he was posted as a Constable in Police Station Lambaharisingh. This witness proved arrest of various accused. 26. Ram Lal (P.W.11), who is also complainant, was examined and he deposed that he is joint owner of 38 Bigha 5 Biswa land with the Khatedari of Ramchandra. This land was purchased from Chhagu daughter of Moti Jat. On this land, there was stay from court, but they only used to graze cattle in this land. About 12 months back, on 21.08.2003 at about 1:30 PM, he, Sheodan, Ramchandra, Bhura, Bhura s/o Gheesa, Sampat, Ramdev, Gheesi all were grazing cattle in their agricultural land. Adjoining to their land 38 Bigha 5 Biswa, is land of Kana, Nanda, Suwa etc. and from the said land, a "Nade Ka Dhora' goes and from this "Nade Ka Dhora", Kana, Nanda etc. irrigate their land. On that day, on this way, when they were irrigating crop of 'Makka' and were grazing their cattle, then suddenly, the accused Chittar, Balu destroyed the said "Nade Ka Dhora" with spade and left water towards their land and when he and Ramchandra objected to it, then suddenly Chittar, Balu, Goga, Sheoji, Ratna @ Ramratan, Gheesa, Gopal, Sheopal, Ramnarain, Ramnarain s/o Sheochand, Gopal s/o Ramnarain, Ramdev, Ramcharan, Bheru, Ramdhan, all by caste Jatan, residents of Dhadawat, suddenly came out from the standing crop of 'Makka, Bajra & Jwar", which was upto the height of head. Goga was having 'Kulhadi' (Axe) in his hand, Sheoji was having 'Kulhadi' (Axe) in his hand and remaining accused were having 'Lathis' (wood) in their hands. Goga gave 'Kulhadi' (Axe) blows twice on the head of Ramchandra due to which Ramchandra fell down and then Sheoji gave 'Kulhadi' blow on both legs of Ramchandra. Goga and Sheoji gave 'Kulhadi' blows on the head and hands of Bhura due to which Bhura fell down. Goga and Sheoji gave 'Kulhadi' blow on the hands and legs of Bhanwarlal. All the accused gave 'Lathi blows to Ramdev, Sheodan, Bhura, Bhura s/o Gheesa. Sheoji and Goga also gave blows to these persons. Goga and Sheoji gave 'Kulhadi' blows on the head and hands of Bhura due to which Bhura fell down. Goga and Sheoji gave 'Kulhadi' blow on the hands and legs of Bhanwarlal. All the accused gave 'Lathi blows to Ramdev, Sheodan, Bhura, Bhura s/o Gheesa. Sheoji and Goga also gave blows to these persons. He was standing about 10 to 20 feet away and he did not go near to accused due to fear. He raised noise to save them. Ramkaran s/o Onkar, came there and he also started shouting and then villagers hearing noise came. All the accused persons ran away due to arrival of villagers. When he called shouts, then accused also came towards him but then he ran away towards village Kacholiya and then he again came on the spot when the villagers had arrived. Bhura, though walked for some distance but later fell down. He, Ghasi, Goverdhan went to village for arranging a tractor and after they came back at the spot with tractor they brought Ramchandra, Bhura, Bhura s/o Gheesa, Sheodan and Ramdev in the tractor, to Malpura Hospital. All the injured persons were admitted in the hospital while Ramchandra expired on the way to Malpura and his dead body was kept in mortuary. He stated that some of the accused persons namely; Ramnarain, Ramdev, Gheesa, Balu, Goga and Sheoji are present today in the Court. He also submitted that he gave report (Exhibit-P/1) to SHO, Malpura and SHO, Malpura came at the spot. Report was prepared by him through an educated boy in the hospital and he submitted that report (Exhibit-P/1). He also informed that Ramchandra died because of grievous injuries caused by 'Kulhadi' (Axe) blows and because of other injuries, suffered by him. He also identified 'Baniyan', 'Safa', 'Dhoti', Towel and 'Gudri' which was worn by Ramchandra and taken into possession by police. He also testified that the 'Kulhadis' recovered from Sheoji and Goga were blood stained. 27. Gordhan s/o Deva (P.W.12) deposed that about one year back, Panchyatnama (Exhibit-P/46) of deceased Ramchandra was made in his presence in the hospital and he was also one of the witnesses who signed the Panchayatnama. According to him and other 'Panchas', the deceased Ramchandra died due to blows of 'Kulhadi' (Axe) and 'Lathi' (lathi). On that day, the police seized the clothes of the deceased. According to him and other 'Panchas', the deceased Ramchandra died due to blows of 'Kulhadi' (Axe) and 'Lathi' (lathi). On that day, the police seized the clothes of the deceased. Police vide Exhibit-P/47, seized 'Dhoti Suti', 'Baniyan Suti', White Towel, Yellow Safa and one 'Gudri' which were blood stained. All these articles were taken into one plastic bag. Police also took blood stained earth vide Exhibit-P/48 same was attested by him. Police also took into possession simple earth which was put in a separate polythene bag vide Exhibit-P/49. Police also made site plan which was attested by him. In cross examination, he disclosed that at about 4:30 PM, he brought Ramchandra (deceased) in a tractor to the hospital. Ramchandra was transported in the tractor, at that time he was alive but not conscious, however, he was breathing. He died on the way to the hospital. In tractor, there were five to seven persons. He cannot recollect the different injuries inflicted on the body of Ramchandra either on legs or on other parts of the body but he said that left leg of Ramchandra was separated from ankle. His left thigh was also broken and he had several injuries and even on the back side, there were almost 20 marks of injury and even on the back, several blows of lathi were caused. 28. Ghasi s/o Gopi (P.W.13) also testified that in his presence Exhibit-P/47 was made vide which clothes of Ramchandra including one 'Baniyan', one 'Dhoti', one Towel, one yellow 'Safa' and one 'Gudri' were seized by police and he had put his thumb impression on the same and in his presence the police kept all these clothes in a plastic bag. On that day, he went with the police from Malpura to the place of incident where police collected blood stained earth (Exhibit-P/48) and also the ordinary earth (Exhibit-P/49) which was kept in plastic bag and the police also made site plan (Exhibit-P/50) in his presence. The police came again after four five days. The police also seized wood from Ratan Lal (Exhibit-P/51). Police seized 'Kulhadi' from Goga (Exhibit-P/52) in his presence. Similarly, 'Lathi' was recovered from Ramnarain s/o Sona (Exhibit-P/53). Police also seized 'Lakdi' from Chhittar (Exhibit-P/54), so also from Gopal (Exhibit-P/55), Ghasi (Exhibit-P/56). Police seized 'Kulhadi' from Sheoji (Exhibit-P/57). Police also seized wood from Ramdhan (Exhibit-P/58); Bheru (Exhibit-P/59); Sheopal (Exhibit-P/60), Ramdev (Exhibit-P/61); Gopal (Exhibit-P/62) and Baluram (Exhibit-P/63). Police seized 'Kulhadi' from Goga (Exhibit-P/52) in his presence. Similarly, 'Lathi' was recovered from Ramnarain s/o Sona (Exhibit-P/53). Police also seized 'Lakdi' from Chhittar (Exhibit-P/54), so also from Gopal (Exhibit-P/55), Ghasi (Exhibit-P/56). Police seized 'Kulhadi' from Sheoji (Exhibit-P/57). Police also seized wood from Ramdhan (Exhibit-P/58); Bheru (Exhibit-P/59); Sheopal (Exhibit-P/60), Ramdev (Exhibit-P/61); Gopal (Exhibit-P/62) and Baluram (Exhibit-P/63). He attested all the memos. In cross examination, he stated that he is illiterate and as to what was written by police, was not known to him. He said that when he saw Ramchandra, he was semi unconscious. Ramchandra died on the way before Roopayali village. He stated that he cannot recollect about the lathis but can recognise the 'Kulhadi'. He informed that he brought the deceased at about 3.00 pm in Malpura hospital. On the spot, the accused Balu was there but he ran away on seeing car. 29. Bhura s/o Ghasi (P.W.14) informed that about 12 months back in the afternoon at about 1:30 PM, he, Sheodan, Ramdev, Bhura, Ramchandra, Ramlal, Sampat and Gheese all were grazing cattle in the land which Ramchandra purchased from Chhaggu. Goga had opened the "Nade Ki Mori' and was giving water on the land sold by Chhaggu. When Ramchandra objected, then Chittar, Balu, Goga, Sheoji, Ramdev, Sheopal, Gopal, Gopal s/o Sua, Ramnarain s/o Sona, Ramnarain s/o Sheochand, Ramcharan and Bheru came out from the field of 'Makka' and started abusing and Ramchandra was encircled by them. Goga and Sheoji were having 'Kulhadis' in their hands and remaining were having 'Lathis'. Goga inflicted two 'Lathi' blows on the head of deceased Ramchandra due to which he fell down. Then, Sheoji inflicted 'Lathi' blow on Ramchandra and then all the accused started beating Ramchandra with 'Lathis'. Goga also gave 'Kulhadi' blow to Bhura Jat and he also fell down. Then, Sheoji also gave 'Kulhadi' blow ten to twelve times on the hand, feet and elbow of this witness due to which he fell down. Then, all other accused also gave 'Lathi' blow to this witness. He further stated that Sheodan, Ramdev were also beaten by the accused. Ramlal was grazing cattle. He came to save and started shouting. Ramkaran also came to save them and started shouting. Then, Goverdhan and Ghasi came from village. Sampat and Gheese, who were grazing their cattle, also tried to intervene, then they were also beaten by the accused. He further stated that Sheodan, Ramdev were also beaten by the accused. Ramlal was grazing cattle. He came to save and started shouting. Ramkaran also came to save them and started shouting. Then, Goverdhan and Ghasi came from village. Sampat and Gheese, who were grazing their cattle, also tried to intervene, then they were also beaten by the accused. When Ramlal and Ramkaran intervened, the accused persons ran away. Ramlal and Ramkaran were not beaten by the accused. The accused ran behind Ramlal but he ran away and saved himself. Tractor was brought by Ramkaran and Ramlal from the village and with them Goverdhan and Ghasi also came and all of them were kept in the tractor. In tractor, only Ramlal, Ramkaran, Ghasi and Goverdhan came as others had not come forward. Before Roopawali village Ramchandra died. He was taken to Malpura hospital where they were treated by the doctor. In the cross examination, he stated that Ramchandra is his uncle's son and he was not joint owner of the land. Ramchandra used to take them for grazing of the cattle and they were grazing cattle for about one and half months. The said land was under attachment since four/five years and no agricultural operations were carried in the said land for last three years. The accused do agricultural work and they all are dependent on agriculture. There are about fifty to sixty members in the family of the accused persons. He also stated that 'Nade Ka Dhora' was several years old. He said that Ram Chandra objected about water being spread in the agricultural land. In the agricultural land, there was eight to nine inch tall grass and almost thirty to forty cattle were grazing for last about one and half months. They had given water at about 6-7 am in the morning and were irrigating fields till 12 noon. Apart from Goga and Sheoji, the rest of the accused were hidden in the crop of 'Bazra' and 'Makki'. During last one and half months, nothing untoward had happened and the quarrel ensued on that day only. He also said that on his right hand, elbow and middle finger, 'Kulhadi' blow was inflicted in the incident. He suffered 'Kulhadi' blow on left leg at four places. He had received several injuries on his person. 30. During last one and half months, nothing untoward had happened and the quarrel ensued on that day only. He also said that on his right hand, elbow and middle finger, 'Kulhadi' blow was inflicted in the incident. He suffered 'Kulhadi' blow on left leg at four places. He had received several injuries on his person. 30. Smt. Sampat wife of Laxman (P.W.15) informed that her maternal house is at Dhadawat village and about thirteen months back, on the day of incidence, she was also grazing buffaloes and her elder sister was also with her. The accused were taking water from the agricultural land and the land of Ramchandra and Rampal was irrigated by the accused. When Ramchandra objected, then the accused, who were in the agricultural land having crop of 'Makka', came out suddenly. Then, Goga gave two 'Kulhadi' blows to Ramchandra who fell down. Sheoji also gave 'Kulhadi' blow on the hands and leg of Ramchandra. Ramnarain, Gopal, Sheopal, Ramdev, Gopal s/o Ramnarain, Ramdhan, Bheru, Goga, Chittar, Balu, Ramnarain s/o Sona, all, except Goga and Sheoji, gave 'Lathi' blow to Ramchandra. Goga also gave 'Kulhadi' blow to Bhura jat and other accused gave 'Lathi' blow on the legs of Bhura. Sheoji also gave 'Kulhadi' blow to Bhura on legs and hands and other accused gave 'Lathi' blows to Bhura. Sheopal gave 'Lathi' blow to her also on the right hand. Accused gave 'Lathi' blows to Sheodan and Ramdev. When she alongwith Gheese, Ramkaran and Ramlal started shouting, then Goverdhan alongwith 4-5 persons came there and on hearing their shouting, the accused ran away. Goverdhan, Ramlal and Ramkaran etc. came in tractor and all the injured were taken to Malpura hospital in the tractor. Thereafter, she heard that Ramchandra died before Roopayali village and she had not gone to Malpura hospital. 31. In cross examination, she said that the accused gave numerous blows and several injuries were caused. She received 'Lathi' blow on her back and also on the right hand. She fell down and when she stood up, all the accused had left the spot. She denied that she has made a false statement in court or her statement by police was recorded after two days. Her father had also gone for grazing cattle. She had gone to graze the buffalo. She fell down and when she stood up, all the accused had left the spot. She denied that she has made a false statement in court or her statement by police was recorded after two days. Her father had also gone for grazing cattle. She had gone to graze the buffalo. Her father had taken herd of cattle for grazing in which there were 10-12 goat, 20 sheep, 1 cow and about 20- 25 buffaloes. She said that 'Kanshi' and 'Favadi' were used for making 'Dhora'. She also said that she did not count the injuries on the body of Ramchandra. 32. Sheodan s/o Ramdev (P.W.16) informed that about 12 months back, Ramchandra and Ramlal had purchased 38 Bighas of land from Chhaggu and in this land, they used to graze their cattle. On the day of incident, Ramchandra, Ramlal, Bhanwar Lal, Bhanwar Lal Jat, Gheese, Sampat and the witness were grazing their cattle. At one o'clock, Goga and Chittar, were taking water from 'Nada" through the land of Ramchandra. At that time, Balu and Chittar took water from the land of Ramlal and Ramchandra. When Ramchandra objected, then Gogaram came and gave two 'Kulhadi' (Axe) blows on the head of Ramchandra and when they ran to save Ramchandra, then Balu, Chittar, Ramnarain, Ramnarain s/o Sona, Gopal s/o Ramnarain, Ramkaran, Bheru, Sheopal, Gheesa, Ramdev, Ramdhan and Gopal s/o Sua, who were hiding in the field of 'Makka" & "Bajra", came out with 'Lathis' (wood) and then Sheoji also came. Sheoji gave 'Kulhadi' blow on the legs of Ramchandra and other accused also gave 'Lathi' blows to Ramchandra. Gopal gave 'lathi' blow on neck; Ramdhan on legs; Sheopal on leg and Sheoji gave 'Kulhadi' (Axe) blow on the lower part below the knee of right leg. He received 5-6 injuries. Sheoji also gave 'Kulhadi' blow on the hands and legs of Bhanwar Gurjar. He (witness) fell down on the spot. Bhanwar Gurjar was also caused injuries with 'Lathi'. Bhura jat gave 'Kulhadi' blow on the head of Goga and other accused also gave 'Lathi' blows to him. Ramnarain, Ramdev and Gopal gave 'Lathi' blows to Ramdev and broke his leg. The rests of the accused also gave beating to him as a result of which his both hands were fractured. Ramdev gave 'Kulhadi' blow on the leg of Goga. Ramnarain, Ramdev and Gopal gave 'Lathi' blows to Ramdev and broke his leg. The rests of the accused also gave beating to him as a result of which his both hands were fractured. Ramdev gave 'Kulhadi' blow on the leg of Goga. Sheopal gave blows to Sampat and the other accused also caused him injuries. At that time he (witness) fell down. Gheese came to intervene but the accused also caused injuries to her. Ramlal was also there near the 'Nade Ki Paal', who, upon seeking the incident, started shouting. Then Ramkaran came on the spot and also started shouting. Ghasi and Goverdhan also came from the village and upon seeing them, the accused ran away. Ramlal and Ramkaran went to village and again came at the spot with tractor and took them to Malpura in tractor and Gordhan and Ghasi were also accompanying them. Ram died before the village Roopayali. He was carried to the hospital at Malpura where injured were treated and medically examined. They were treated in Jaipur also. In the cross examination, he said that with the disputed land, he and his father have no concern and he is eldest in his family. The agricultural operations are being carried by him and his father Ramdev, and they were also grazing cattle for about last one and half month in the said land. He went with 4-5 cattle in the morning at about eight o'clock. His father was having sheep. Goats are of Bhanwar Lal jat. His father also came about 10-11 am in the morning. Before that, he was grazing cattle in the pasture land where cattle of village people used to graze. Gheese, Sampat, he (witness), Ramdev, Bhanwar Lal Jat and Bhanwar Lal Gurjar have no concern with the land. They simply used to graze their cattle in the said land. There was some dispute between Ramchandra, Ramlal and accused over the land for last three years, and the land was not being cultivated. The land was purchased by Ramlal and Ramchandra from Chhaggu and he was not aware as to when the litigation had started. 33. Ramdev s/o Kana (P.W.17) stated that about 13 months ago, Ramlal and Ramchandra had taken land from Chhaggu. At about 1 to 2 PM, on the date of incident, he was grazing his cattle. Ramchandra was also grazing cows and buffaloes. 33. Ramdev s/o Kana (P.W.17) stated that about 13 months ago, Ramlal and Ramchandra had taken land from Chhaggu. At about 1 to 2 PM, on the date of incident, he was grazing his cattle. Ramchandra was also grazing cows and buffaloes. At that time, Sheodan was also grazing cattle. Bhura Gurjar, Bhura Jat, Sampat and Gheese were also grazing their cattle around that area. Goga and others were giving water in their agriculture fields by opening the temporary way (Mori) Dhora of Nada, and that was passing through the land purchased by Ramlal and Ramchandra. The accused were giving water from last one day. On the second day, at about 2.30 pm, accused Goga and Chhittar broke the temporary way (mud) Dhora, and spread water in the land of Ramchandra and Ramlal. Ramchandra objected to this and at that moment, 10-15 people came out from the agricultural fields. Goga and Sheoji had 'Kulhadi' (axe) and other accused persons were having 'Lathis' (wood). Other than Goga and Sheoji, Sheopal, Gopal, Gopal s/o Ramnarain, Cheesa, Balu, Chittar, Sheoji, Ramdhan, Ramcharan, Ramdev, Ratan, Bheru, Ramnarain and Ramnarain s/o Sona were also there. Goga gave two 'Kulhadi' blow on the head of Ramchandra as a result of which Ramchandra fell down. Sheoji also gave 'Kulhadi' blow on the legs of Ramchandra. Legs of Ramchandra were cut by 'Kulhadi'. On his hands also 'Kulhadi' blow was given and other accused gave 'Lathi' blow to Ramchandra who had already fallen. Goga gave 'Kulhadi' blow on the head of Bhura Jat. Then, Ramdev, Ratan, Gopal and Ramnarain gave 'Lathi' blows to him. Sheoji gave 'Kulhadi' blow on the lower part below knee on the right leg of Sheodan. Then, Gopal and Gopal s/o Ramnarain gave 'Lathi' blows on the neck of Sheodan. Ramnarain, Gopal, Gopal s/o Ramnarain, Ratan and Ramdev gave 'Lathi' blows to Bhura Gurjar. He also received 'Kulhadi' blows but was unable to remember that out of Goga and Sheoji, who gave him 'Kulhadi' blow. Gopal gave blow to Sampat. He (witness) was also caused 'Lathi' blow on the right leg by Ramnarain. On the same leg, Goga gave 'Kulhadi' blow and again on the knee of the same leg, Gopal gave 'Lathi' blow and he also fell down. On his right hand, Ramdev gave 'Lathi' blow on account of which his right hand had fractured. He (witness) was also caused 'Lathi' blow on the right leg by Ramnarain. On the same leg, Goga gave 'Kulhadi' blow and again on the knee of the same leg, Gopal gave 'Lathi' blow and he also fell down. On his right hand, Ramdev gave 'Lathi' blow on account of which his right hand had fractured. On the left hand, Ratan gave 'Lathi' blow below the elbow on account of which hand had broken. When he fell down, Balu gave 'Lathi' blow and then Chhittar also gave 'Lathi; blow. They also had scuffle with Gheese. When accused were giving 'Lathi' blows, at that time, Rampal was standing nearby. He shouted and Ramkaran also came and he also shouted. From the village Ghasi and Goverdhan came and the accused, then ran away. Then Ramkaran, Goverdhan, Ghasi and Ramlal brought a tractor and carried all injured in the tractor to Malpura hospital. Before Roopayali village, Ramchandra died. They were carried to Malpura hospital where they were treated by the doctor. X-Ray was also conducted. He was treated at Malpura as well as at Jaipur. In the cross examination, he stated that he gave a statement before the police that Ramdev, Ratna, Gopal and Ramnarain were having 'Lathi'. He also stated before the police that Sheoji gave 'Kulhadi' blow on the right leg of Sheodan and so also to Gopal and Gopal s/o Ram Narain and also on the neck of Sheodan but why police had not mentioned these facts in the police statement, the witness could not offer any explanation. He stated that so far the disputed land is concerned, he or his son has no concern with the same. In the year of incident, there was no famine but the lands of the accused, on account of no rains, were facing drought and that is why they were irrigating land. If the accused had not given water, then their crop would have dried. The dispute arose from the time, when the land was purchased by Ramlal and Ramchandra from Chhaggu. He also stated that the accused had beaten them in a barren land. The accused ran away seeing the villagers coming. Ramlal was also beaten and he was chased by the accused. Ramlal again came with tractor at the time when the accused left the spot. He came with Ghasi and Goverdhan in the tractor. He also stated that the accused had beaten them in a barren land. The accused ran away seeing the villagers coming. Ramlal was also beaten and he was chased by the accused. Ramlal again came with tractor at the time when the accused left the spot. He came with Ghasi and Goverdhan in the tractor. The tractor was being driven by Gopal Patel of Dhadawat. The accused initially gave beating to Ramchandra and then to others. He further stated that all the accused caught hold of Ramchandra, due to beating, he fell down on the ground. He further stated that about 4-5 accused were continuously beating Ramchandra and rest of the accused were beating others. 34. Ramswaroop Daroga s/o Gopi Ram Daroga (P.W.18), a photographer, was called by police for taking photographs of the place of incident at village Dhadawat. He proved photographs including negatives and positives. 35. Smt. Gheese Devi wife of Deva Ram (P.W.21) stated that about 13 months back, at about 1:30 PM, she was grazing buffaloes at the field which was purchased by Ramchandra from Chhaggu. At that time, Ramdev was grazing sheep; Sheodan, Bhura and Ramlal were grazing buffaloes. One another person Bhura s/o Soni was also grazing buffaloes. Ramchandra was also grazing buffaloes. Chhittar and Gopal etc. were trying to take water through the field of Ramchandra by breaking the boundary of field. Chittar and Balu, broke 'Dhora', had spread water in the field of Ramchandra. Upon this, Ramchandra objected. Then, on his objection, Sheoji and Goga came from the field of "Makka and Bajra. Goga gave two 'Kulhadi' blows on the head of Ramchandra due to which Ramchandra fell down. Sheoji gave 'Kulhadi' blow on the legs of Ramchandra, who had already fallen down. Apart from them, from the field of 'Makki Bajra", Balu, Ramdev, Ramnarain, Gopal, Sheopal, Ratna, Ramnarain s/o Soni, Gopal s/o Ramnarain, Gheesa, Ramcharan, Ramdhan and Bheru (in all approx. fifteen people), who were having 'Lathis' in their hands, came and gave blows to Ramchandra, Bhura Gurjar, Bhura Jat, Ramdev and Sheodan. Goga also gave 'Kulhadi' blow to Bhura Jat and Sheoji gave 'Kulhadi' blow to Bhura Gurjar on his leg and all other accused gave 'Lathi' blows to them. At that time, except him (witness), there was Sampat who went to save him, then Sheopal gave 'Lathi' blow on his thigh and hand. Goga also gave 'Kulhadi' blow to Bhura Jat and Sheoji gave 'Kulhadi' blow to Bhura Gurjar on his leg and all other accused gave 'Lathi' blows to them. At that time, except him (witness), there was Sampat who went to save him, then Sheopal gave 'Lathi' blow on his thigh and hand. She further stated that accused had a scuffle with her. They shouted. Then, Ramkaran and Ramlal, who were also standing nearby, also shouted and then from the village Gheese and then Goverdhan came. At that time, when Gheese and Goverdhan, came, the accused ran away. Ramlal and Ramkaran came from village in tractor and carried all the injured towards Malpura hospital. Ramchandra died on the way and the other injured were treated in the hospital. In cross-examination, she stated that Ramchandra is her brother-in-law, being a distant relative. The land, in which she was grazing cattle, was not owned by her. The land belongs to Ramchandra. She was grazing buffaloes for last about 20 days. Ramdev is uncle of Ramchandra. Bhura Gurjar is nephew of Ramchandra and Sampat is niece of Ramchandra. Then, she stated that Ramchandra used to graze cattle everyday. Ramlal used to come occasionally for grazing cattle. Bhura Jat was grazing cattle from beginning. Bhura Gurjar was also grazing cattle for last 1-2 months. She also stated that there is temporary mud boundary wall, on the north of the disputed land. Her statement was recorded in village after 3-4 days. She further stated that when Ramlal and Ramchandra purchased this land from Chhaggu, from that time itself, the dispute arose. The land was attached. In the year of incident, there was no famine but the famine was there for last 3-4 years. She also deposed about the injuries caused to her and other witnesses. 36. Ramkaran s/o Onkarji (P.W.22) stated that about 13 months back, in Gram Dhadawat, Ramchandra and Ramlal purchased land of Chhaggu. At about 1:30 PM, in the afternoon, he was going to village Dhadawat to Kacholiya. At that time, he heard noise and when he went near pond, Ramchandra was given beating. Goga and Sheoji were beating him by 'Lathis' but then said by 'Kulhadi'. Apart from these two persons, Chittar, Balu, Ramratan, Gopal, Ramnarain, Ramdhan and Bheru, all in fifteen, who had 'Lathis' in their hands, gave 'Lathi' blows to Ramdev, Bhura, Bhura Jat and Sheoram. Goga and Sheoji were beating him by 'Lathis' but then said by 'Kulhadi'. Apart from these two persons, Chittar, Balu, Ramratan, Gopal, Ramnarain, Ramdhan and Bheru, all in fifteen, who had 'Lathis' in their hands, gave 'Lathi' blows to Ramdev, Bhura, Bhura Jat and Sheoram. The accused persons, after beating them, ran away towards the village. 37. Gopal Singh s/o Rekhsingh (P.W.23) stated that on 21.08.2003, he was posted as SHO at Police Station Lambaharisingh, and on that day he had gone to Tonk for evidence and when he reached bus stand Malpura, at that time, he heard that in village Dhadawat, two parties namely; Jats and Gurjars were fighting and when he reached Police Station, Malpura, he was informed that in the fight, one Ramchandra Gurjar had died and stated that when he reached at Police Station at about 4:25 PM, he came to know that Satyanarain, LC had gone for registration of a case. He informed through wireless at Police Station Lambaharisingh that case be registered and the FIR be sent to Malpura hospital. He reached at Malpura hospital at 5:10 PM. At that time, Ashok Butoliya, CI, Malpura and Addl. SP were there in Malpura hospital. At that time, postmortem of deceased Ramchandra was going on. He seized one Safa, Dhoti, Baniyan, Towel and Gudri of deceased Ramchandra vide seizure memo Exhibit-P/47. In the hospital, he recorded statements of Ramkaran, Bhura, Sheodan and Ramdev u/s 161 Cr.P.C.. Thereafter, he reached the site and seized blood stained earth and ordinary earth vide Exhibit-P/49, which was sealed and he prepared site plan of the spot vide Exhibit-P/50. The photography of the spot was also carried. He also explained various facets of investigation. He further stated that some of the accused, on their own, disclosed the place whre the 'Lathis' and 'Kulhadis' were kept by them after the incident and on the basis of their statement, 'Kulhadis' and 'Lathis' were seized. 38. Bhura @ Bhanwarlal s/o Sona (P.W.24) stated that the incident is about 16-17 months old. Ramchandra and Ramlal had purchased land from Chhaggu in village Dhadawat and he was grazing cattle in the said land. At that time, on the said land, Ramchandra, Ramlal, Bhura, Sheodan, Sampat, Gheese, Bhura Gurjar were also grazing their cattle. 38. Bhura @ Bhanwarlal s/o Sona (P.W.24) stated that the incident is about 16-17 months old. Ramchandra and Ramlal had purchased land from Chhaggu in village Dhadawat and he was grazing cattle in the said land. At that time, on the said land, Ramchandra, Ramlal, Bhura, Sheodan, Sampat, Gheese, Bhura Gurjar were also grazing their cattle. At about 1-2 PM, Chittar and Balu spread water in the field of Ramchandra and then Ramchandra and Ramlal objected to this but the accused did not care and then Goga, Sheoji also came from the field of 'Makka & Bajra' and both of them were having 'Kulhadis' with them and thereafter, Ramdev, Gopal, Bheru, Gheesa, Gopal, Ramnarain, Gopal s/o Ramnarain Jat, Gopal Jat s/o Suwa also came. These accused persons were having 'Lathis' with them. Goga gave two 'Kulhadi' blows on the head of Ramchandra due to which he fell down. Thereupon, he alongwith Sheodan, Ramdev, Bhura Gurjar came there and then all the accused gave them beating. Goga gave 'Kulhadi' blow on the head of this witness and 'Kulhadi' blow on the leg was caused by Sheoji due to which this witness fell down and then Gheesa, Gopal, Sheopal, Bheru all gave 'Lathis' blows to this witness. The accused Chittar, Balu, Sheopal and Ramnarain and another Gopal gave 'Lathi' blows on the hands and legs of Ramdev as a result of which his hands and legs were fractured. Ramnarain and both Gopal, Gheesa, Sheopal, Ratna and other accused gave "Lathi' blows to Sheodan. When Sampat came to save, the accused also caused injury to her. Sheoji gave 'Kulhadi' blow on the legs of Bhura Gurjar and the other accused Gheesa, Ratna, Ramnarain, Ramdev gave 'Lathi' blows to Bhura Gurjar. Ramlal and Ramkaran, on seeing the incident, and upon hearing noise, Ramlal and Ramswaroop came who thereafter brought a tractor from village and they took all the injured persons and Ramchandra in tractor but Ramchandra died on the way before village Roopayali. All were taken to Malpura hospital. He was examined by the doctor medically at Malpura hospital. Other than the land, there was no dispute between them. 39. The prosecution closed his evidence and thereafter the statement of the accused was recorded under Section 313 Cr.P.C. All incriminating evidence were put to the accused. Accused Sheoji Ram and Gogaram stated that over the land, Tehsildar was appointed as Receiver. Other than the land, there was no dispute between them. 39. The prosecution closed his evidence and thereafter the statement of the accused was recorded under Section 313 Cr.P.C. All incriminating evidence were put to the accused. Accused Sheoji Ram and Gogaram stated that over the land, Tehsildar was appointed as Receiver. Before appointment of Receiver the land was in their possession. It was drought time. The complainant party had gone to harvest the crop. They objected to the same and complainant party gave beating to them. He had submitted an application Exhibit-D/7. It was further stated that litigation is pending in the court regarding land. 40. Ram Lal (P.W.11) in his testimony stated that boundary of the field was damaged by the accused due to which water came in their fields. They had restrained the accused from taking the water from their fields and therefore, the accused had caused them injuries. He admitted to be correct that a case Kana v. Chhagu is pending in the civil court at Malpura and they have been restrained not to interfere in case water is taken by accused to their fields. He further admitted that litigation is pending in various forums. The witness stated as under:- " ;g lgh gS fd esjs o eqfYteku ds e/;s fiNys 5&6 o"kksZa ls Hk;adj eqdnesckth py jgh gSA " 41. He further admitted that due to drought, crop of the accused was in dire need of water and they intended to irrigate the same after taking water through his fields. 42. In cross-examination, Ram Lal (P.W.11) stated as under:- " eqyfteku dh Qly ty jgh Fkh blfy;s ikuh ihyk jgs FksA ukMk ftlls ikuh ys jgs Fks oks eqyfteku dk gh o [ksr Hkh eqfYteku dk gh gSA /kksjk iqjkuk FkkA ;g lgh gS fd eqyfteku [ksr esa dk'r dh gqbZ Qly dks ikuh ihykrs tks iSnkokj ugha gksrhA eqyfteku }kjk mudksa viuh Qly dks ikuh ihykus ls gesa ,rjkt ugha FkkA ;s yksx nks fnu ls ikuh ihyk jgs FksA esjs ?kj dk eSa gh drkZ&/krkZ gwaA " 43. Mr. Vinay Pal Yadav, the learned counsel for the appellants, referring to the lines noted above, has stated that in the present case, the complainant party was aggressor. They have committed breach of the orders of the civil court. Mr. Vinay Pal Yadav, the learned counsel for the appellants, referring to the lines noted above, has stated that in the present case, the complainant party was aggressor. They have committed breach of the orders of the civil court. Ramdhan, Ratanlal, Gogaram, Sheopal and Sheoji have also received injuries and their injuries had been proved on record as Exhibit-D/29 to Exhibit-D/32. It is further contended before us that at the instance of the appellant, Gogaram, a cross FIR No. 99/2003, was registered against the complainant party on the same day and at the same police station for the offence under Sections 143, 323, 341 and 447 IPC. It is contended that the police sided with the complainant party and had submitted Final Report in Negative Form in the court of the Magistrate and the same was not accepted. The court had taken cognizance against Bhura (P.W.14), Bhura (P.W.24), Ramlal (P.W.11), Ramdeo (P.W.17) and Badri for the offence under Sections 147 and 323 IPC. Mr. Yadav, further submits that appellants had complete right of self defence of person and property. Furthermore, non-explanable injuries on person of accused party is fatal to prosecution, as it has suppressed the origin and genesis of the occurrence. 44. Mr. N.S. Dhakad, the learned Public Prosecutor appearing for the State has submitted that injuries on the person of the accused are simple in nature and they are not required to be explained by the accused. Furthermore, the accused have caused harm more than required to the complainant party and thus, taking number and nature of the injuries on the person of complainant party, there is no other option for the court except to hold that accused party was aggressor. 45. We have given our thoughtful consideration to the rival submissions submitted before us. 46. Exhibit-D/27, is a medico-legal report of appellant No.2 Sheoji. Injury No.1 was an abrasion 2 x 1/2 cm at face, just lateral to lateral angle of right eye. Injury No.2 was bruise 2 x 1cm at dorsal aspect of thumb of left hand. 47. Appellant No.8, Ramdhan s/o Gogaram, vide injury report (Exhibit-D/29) had suffered two injuries. Injury No.1 was lacerated wound on left parietal region of head, having dimension 6 x 0.7cm. Injury No.2 was abrasion at posterior aspect of right elbow, having dimension of 1 x 1cm. 48. 47. Appellant No.8, Ramdhan s/o Gogaram, vide injury report (Exhibit-D/29) had suffered two injuries. Injury No.1 was lacerated wound on left parietal region of head, having dimension 6 x 0.7cm. Injury No.2 was abrasion at posterior aspect of right elbow, having dimension of 1 x 1cm. 48. Ratan Lal s/o Kana Ram, appellant No.3, vide medico-legal report (Exhibit-D/30) had suffered two injuries. Injury No.1 was lacerated wound on the left parietal region of head, with dimension of 4 x 1/2 cm. Injury No.2, was complaint of pain. 49. Goga Ram s/o Nanda Ram, appellant No.1, vide medico-legal report (Exhibit-D/31) had suffered bruise with swelling at posterior aspect of upper half of right forearm, having size 11 x 8cm. 50. Sheopal s/o Suwa, appellant No.10, had also suffered three injuries. Injury No.1, was abrasion-bruise having dimension of 4 x 2cm at right side of face at zygomatic arch. Injury No.2 was abrasion-bruise having dimension of 5x3cm at anterior aspect of lower half of right side of neck. Injury No.3 was swelling having dimension of 4x2cm at dorsal aspect of left wrist. 51. It is true that the accused had suffered simple injuries on the face and on the head i.e. parietal region. No injury suffered by the accused is grievous in nature but at the same time, we cannot ignore that injuries are on vital part of the body also. It is admitted by the complainant himself that the accused and the complainant party were embroiled in civil litigation. It is also true that on the same day, a cross case was also registered against the complainant party. 52. On 25.9.1999, Kana, father of Baluram, the appellant No.2, had lodged an FIR against Ramchandra, Ramlal, Ramkaran, Sitaram alleging that they have forcibly entered in their land and had committed theft of crop and babool trea. Kana had also filed an injunction suit against the complainant party. It is also admitted by the complainant party that the injunction was granted in favour of the accused party. They were restrained not to cause interference in their possession. 53. Kana had also filed an injunction suit against the complainant party. It is also admitted by the complainant party that the injunction was granted in favour of the accused party. They were restrained not to cause interference in their possession. 53. A perusal of the order passed by Civil Judge, Malpura, Tonk on 11.9.2002 (Exhibit-D/10) reveals that Kana in its suit filed against the complainant party and the witnesses examined, had prayed that a pasture land has been allotted to them and he be permitted to irrigate land in his possession and use Nada made in which rain water accumulates. By order dated 11.9.2002, the court had appointed a Commissioner and had ordered the parties to maintain status quo. Parties were also litigating before the revenue court. We may notice here that vide order dated 9.8.1999 (Exhibit-D/20), Civil Judge, Malpura, Tonk, had ordered that while parties shall maintain status quo, the accused party will be permitted to take their cattle to the Nada for drinking water. 54. Gopal Singh (P.W.23), in the court had stated that on 21.8.2003, he had gone to give testimony in the court. When he returned, he heard at bus stand Malpura that fight had taken place between Gurjar and Jat community. It may be noted here that the complainant party belong to Gurjar caste, whereas all accused are Jats. Gopal Singh, being Investigating Officer, admitted that the complainant party was not permitting accused to take water to their fields. He stated as under:- " e`rd vius [ksr esa ls /kksjs ds tfj;s eqfYteku dks ikuh ugha ys tkus ns jgk Fkk blh ckr dks ysdj yM+kbZ gqbZ FkhA " 55. The Investigating Officer had further admitted that the land purchased by the deceased was under the possession of Receiver. He stated as under:- " e`rd vius [ksr esa ls /kksjs ds tfj;s eqfYteku dks ikuh ugha ys tkus ns jgk Fkk blh ckr dks ysdj yM+kbZ gqbZ FkhA " 55. The Investigating Officer had further admitted that the land purchased by the deceased was under the possession of Receiver. As stated by us earlier, vide Exhibit-D/10, Civil Judge, Malpura, Tonk had held as under:- " 8&lqfo/kk dk larqyu ,oa viwj.kh; {kfr% izLrqr ekeys esa ikuh dh vkokt vkod o cgko dks ysdj nksuksa i{kksa ds chp ln~Hkkfod fookn mRiUu gks x;k gS] ftudk fu.kZ; fcuk lk{; ds laHko ugha gSA ,slh fLFkfr esa nksuksa i{kksa dks ekSdk dfe'uj dh fjiksVZ ds vuqlkj fookfnr LFky dh ;FkkfLFkfr cuk;s j[kus ds fy;s ikcan fd;s tkus gh mfpr izrhr gksrk gSA lqfo/kk dk larqyu ,ao viwj.kh; {kfr nksuksa fcUnqvksa dsks vyx ls foospu dh vko';drk ugha gSA vkns'k 9- vr% nksuksa i{kksa dks okn esa fuLrkj.k rd ekSdk dfe'uj dh fjiksVZ ds vuqlkj fookfnr LFky dh ;FkkfLFkfr cuk;s j[kus ds fy, ikcan fd;k tkrk gSA " 56. The order of status quo was interpreted by both the parties according to their convenience. While accused had their interpretation that they can continue to take water from the fields purchased by the complainant party and the complainant party could not graze their cattle. The complainant party believed that they can continue to graze their cattle but accused cannot take water to their fields. It is to be noted that the order (Exhibit-D/10) was passed on 11.9.2002, whereas occurrence had taken place on 21.8.2003. 57. We may also notice that Satya Narayan, Head Constable (P.W.3) has stated that he received an information from Additional S.P., Malpura, Tonk, that a fight had taken place between two groups. 58. Ram Deo (P.W.17) stated that Goga etc. after opening the outlet were giving water to the fields. He has stated as under:- " xksxk oxSjk viuh Qly dks muds ukMs dh eksjh [kksydj ikuh fiyk jgs FksA muds ukMs dk ikuh dk /kkjk jkeyky jkepUnz dh [kjhn'kqnk tehu ls gksdj xqtj jgk FkkA " 59. It has also come in evidence that outlet was opened by Goga and Sheoji, who were armed with Kulhari. There were only two persons, who were initially present and it was stated that other accused were concealing themselves in their fields. 60. It has also come in evidence that outlet was opened by Goga and Sheoji, who were armed with Kulhari. There were only two persons, who were initially present and it was stated that other accused were concealing themselves in their fields. 60. After considering long pending litigation and inimical relations, we are of the view that except Goga and Sheoji, the story which has emerged in the testimony of witnesses is not free from blemish. To us, it is evident that all the accused were working in fields, the complainant party was also grazing cattle and when the complainant party objected to opening of the outlet by accused Goga Ram and Sheoji for irrigating their fields, without any pre-meditation, on the spur of moment, occurrence had ensued. Thus, to us, the occurrence was a sudden affair. It will be apposite for us to reproduce Exception 4 to Section 300 IPC for ready reference, as under:- "Exception 4.- Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. Explanation-It is immaterial in such cases which party offers the provocation or commits the first assault." 61. It is true that there are injuries on the head of accused also. We are of the view that injuries on the head and on the face near eye cannot be self-suffered. Therefore, even though the accused had suffered much less harm, it cannot be said that their case will not be covered under Exception-4 of Section 300 IPC. Due to the protest made by the complainant party, when accused intended to take water to their fields, parties suddenly came to blows and the accused at the time of occurrence proved better than the complainant party. 62. It was held by the Hon'ble Supreme Court in the case of Jumman & Ors. v. State of Punjab [ AIR 1957 SC 469 ] as under:- "(24). In such a case where a mutual conflict develops and there is no reliable and acceptable evidence as to how it started and as to who was the aggressor, would it be correct to assume private defence for both sides? v. State of Punjab [ AIR 1957 SC 469 ] as under:- "(24). In such a case where a mutual conflict develops and there is no reliable and acceptable evidence as to how it started and as to who was the aggressor, would it be correct to assume private defence for both sides? We are of the view that such a situation does not permit of the plea of private defence on either side and would be a case of sudden fight and conflict and has to be dealt with under Section 300, I.P.C., Exception 4. (25). The matter has to be viewed in this way. It is clear that there was no pre-meditation and therefore when the contending factions met accidentally and attacked each other, the conflict resulted in a sudden fight, in the heat of passions, upon a sudden quarrel and without the accused having taken undue advantage or acted in a cruel or unusual manner. On the finding that both the parties had arms, there was no undue advantage taken by either. Hence Exception 4 to Section 300, I.P.C., applies with the result that the offence is under Section 304 (Part I), I.P.C." 63. A Division Bench of this Court in Buddhi & Ors. v. State of Rajasthan [2007 (1) RCC 228] , relying upon Dharman v. State of Punjab, [ AIR 1957 SC 324 ] held as under:- "13. Coming to the incident that occurred with deceased Saltu we find that he sustained injuries in the course of sudden fight ensued in the field of accused party. The complainant party was also armed with deadly weapons and as many as eight accused persons received lacerated and incised wounds on the vital parts. In Dharman v. State of Punjab, AIR 1957 SC 324 the Supreme Court held that when two such contending parties, each armed with sharp edged weapons, clashed and in the course of a free fight some injuries were inflicted on one party or the other, it cannot be said that either of them acted in a cruel or unusual manner and that the case against the accused falls within Exception 4 of Section 300 of the Indian Penal Code and the accused who caused the injury was guilty under Part I of Section 304 and not under Section 302 of the Indian Penal Code." 64. Thus, we are of the view that in the present case Goga Ram and Sheoji Ram individually shall be responsible for the offence punishable under Section 304 Part-I IPC and not for the offence under Section 302 IPC. 65. Consequently, we convert the conviction of Goga Ram and Sheoji Ram from the offence under Section 302 IPC to 304 Part-I IPC and acquit remaining accused namely, Chhitarlal, Baluram, Gopallal s/o Suwalal, Ramnarian, Ratanlal, Ramdhan, Bheruram, sheopal, Ramdeo, Ghasilal and Gopallal s/o Ramnarain of offence under Section 302/149 IPC holding that except the appellants Gogaram and Sheojiram, whose offence has been converted into 304 Part-I, IPC, all other accused shall be responsible for their individual liability. 66. Conviction of accused Sheojiram for the offence under Section 326 is maintained and remaining accused are acquitted of offence under Section 326 read with Section 149 IPC. We uphold the conviction of Ratanlal and Gopallal s/o Suwalal, under Section 325 and acquit remaining accused of offence under Section 325 read with Section 149 IPC. We uphold the conviction of Sheojiram and Gogaram under Section 324 IPC. However, we acquit remaining accused of offence under Section 324/149 IPC. We also maintain the conviction of Sheojiram and Gogaram for the offence under Section 323 IPC and acquit remaining accused of offence under Section 323 read with Section 149 IPC by holding that each accused shall also be liable for offence under Section 323 IPC. We maintain the conviction and sentence of all the appellants for the offence under Section 148 IPC. 67. Having converted the offence qua Sheojiram and Gogaram, from Section 302 IPC to Section 304 Part-I, IPC, we sentence them to ten years' R.I. and impose a fine of Rs. 10,000/- each, in default thereof, they shall undergo two years' R.I. 68. Sentence of accused Ratanlal and Gopallal for the offence under Section 325 IPC is reduced from three years to one and a half year, as they are in corridors of the court for more than one decade and have suffered agony and pain of protracted trial. The conviction of Sheojiram and Gogaram on all remaining counts is maintained and upheld alongwith sentence of fine and default clause. All the appellants individually shall also undergo six months' R.I. for offence under Section 323 IPC alongwith fine of Rs. 5,00/-, in default thereof, they shall undergo fifteen days' S.I. All sentences shall run concurrently. The conviction of Sheojiram and Gogaram on all remaining counts is maintained and upheld alongwith sentence of fine and default clause. All the appellants individually shall also undergo six months' R.I. for offence under Section 323 IPC alongwith fine of Rs. 5,00/-, in default thereof, they shall undergo fifteen days' S.I. All sentences shall run concurrently. 69. In view of modification in offence and sentence, the present appeal stands disposed of.Appeal disposed of by Modification of offence and sentence as above. *******