The main legal point established is the requirement for a fair and impartial investigation, the burden of proof on the prosecution, and the exercise of the right of private defence in cases of altercation.

JUDGMENT :

Pankaj Bhandari, J.

1. Accused-appellants have filed these appeals aggrieved by the judgment of conviction and order of sentence dated 16.01.1985 passed by Addl. District & Sessions Judge, Baran, whereby the accused appellants have been acquitted for offence under Section 307/149 IPC and have been convicted and sentenced as under –

(i) For offence under Section 302/149 IPC- life imprisonment and fine of Rs. 100.

(ii) For offence under Section 447 IPC– fine of Rs. 500/- and in default of payment of fine, to further undergo, two months rigorous imprisonment.

(iii) For offence under Section 148 IPC– two years rigorous imprisonment.

(iv) For offence under Section 325/149 IPC– One year rigorous imprisonment and fine of Rs.300/- and in default of payment of fine, to further undergo, one month rigorous imprisonment.

(v) For offence under Section 324/149 IPC– fine of Rs. 500/- and in default of payment of fine, to further undergo, two months rigorous imprisonment.

(vi) For offence under Section 323/149 IPC– fine of Rs. 300/- and in default of payment of fine, to further undergo, one month rigorous imprisonment.

All the sentences were directed to run concurrently.

2. Succinctly stated the facts of the case are that on 04.10.1980, PW-1 (Kajodi Lal) gave a written report (Ex.P-1) at Police Station, Kawai, District Kota, wherein he stated that on 04.10.1980 at around 4:00 pm, he and his brother Bheru Lal (deceased) and his uncle Ramgopal & Ramcharan were sitting outside their home, when Prahlad (PW-6), who had taken the buffaloes for grazing, came towards them from the direction of Khali which was on the way of Halgana and Mandula and told them that Satyanarayan and Madanlal had stopped his way. Then Bherulal and Ramgopal went towards Khali to make them understand. The complainant Kajodi Lal (PW-1) and Ramcharan followed them till Shivji’s chabutara anticipating a fight. Further he has stated that as soon as deceased Bherulal and Ramgopal (PW-2) reached ‘Jhinjhinya sund wali badi’, Madan Lal and Satyanarayan, who had dhariya with them also reached there. When Bheru Lal reproached them, they threatened him and then started to attack him with dhariya. Then the complainant Kajodi Lal (PW-1) and Ramcharan ran towards the badi and on hearing the screams of Bheru lal and Ramgopal (PW-2), Prahlad (PW-6) and Jai Prakash also reached at the spot. Then Hansraj, DhannaLal, Kishan lal, Badri Lal, Danmal, Babulal, Ramnarayan, Mathura Lal, Jankilal, Sheoji, DwarkaLal S/o Ramswarup, DwarkaLal S/o Kanhaiya Lal and others came from the badi and attacked Bherulal and Ramgopal with dhariya, kutiya and lathis. He further stated that Badrilal, Mathuralal, Hansraj, Kishan, Madanlal and Satyanarayan attacked Bheru with dhariya while Sheoji, Ram Kalyan, Kanhaiyalal and Dhannalal attacked with lathi. Bherulal fell and became unconscious. Danmal, Babulal and both Dwarkalal attacked Ramgopal with gandasi while Ram Kalyan and Dhanna Lal attacked him with lathis. Complainant Kajodi lal (PW-1) stepped in between to save them when Hansraj, Babulal and Badri Lal hit him on the back. Kasturi Bai, Parvati Bai and Birdhi Bai also stepped in between and Dhannalal attacked them with lathi. Janki Lal pointed a 12-bore gun at Ramgopal (PW-2) and everyone left the khali along with their weapons. Bherulal died on the spot and Ramgopal (PW-2) was taken to the hospital.

3. On the basis of the said written report, the police registered an FIR bearing No. 80/1980 (Ex.P-2) at 12:25 pm on 05.10.1980 for offence under Sections 302, 307, 147, 148, 149 of the IPC against the accused-appellants. The police after due investigation filed chargesheet against the accused-appellants. The case was committed to the learned Trial Court. The learned Trial Court after committal of the case, framed charges against the accused- appellants for offence under Sections 302/149, 307/149, 323/149, 148 and 447 of IPC. The accused-appellants denied the charges and sought trial. Upon which, 19 witnesses were