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Rajasthan High Court
Ranawat C.J. & Shinghal, J.
Mangia - Appellant
Versus
The State - Respondents
D.B. Criminal Appeal No.1 of 1961
Decided On : February 26, 1962
Once an attack was made on persons in the lawful exercise of their right over the property in question, they were undoubtedly entitled to the fright of private defence, and the only question which can arise after that is whether any members of the party individually exceeded that right. People who were in the exercise of lawful rights cannot be held to have been members of an unlawful assembly, nor can that assembly become unlawful by reason of their repelling the attack made upon them by persons, who had no right to obstruct them, nor by reason of their exceeding the lawful use of the right they had. The right of private defence which a man has cannot make him a member of an unlawful assembly, and he can only be convicted and punished for the individual act which he himself had done in excess of the right of private defence. (Para 19)
Name Convictions Sentences
Mangia 302 IPC for murder of Gokul Life Imprisonment
Ummed 147 IPC. 1 years R.I.
325/149 IPC for forming an unlawful assembly with the common object of causing grievous hurts to Roopram, Durga Ram and Hariram (who died) 3 years R.I. on each count.
325/149 IPC for forming an unlawful assembly with the common object of causing grievous hurts to Dayaram, Bhomaram, Sewaram, Kishna Ram and Rewat Ram.
Dhanna 147 IPC 1 years R.I.
325/149 IPC for forming an unlawful assembly with the common object of causing grievous injuries to Roopram and Durgaram (who died) 3 years R.I.
325 IPC for causing grievous injury to Durga Ram (who died) 3 years R.I.
Govind 148 IPC. 2 years R.I.
325/149 IPC for forming an unlawful assembly with the common object of causing grievous injuries to Roop Ram and Durgaram (who died) 3 years R.I.
302 IPC for the murder of Durgaram Life imprisonment
Rampal
Poosa
Naria
Choona
Shivla
Mubarak
Wali Mohamad
Shakoor s/o Gheesa
Kasam
Sadiq
Bhoora (i) 147 IPC 1 years R.I.
(ii) 325/149 IPC for forming an unlawful assembly with the common object of causing grievous injuries to Roopram, Durgaram, Hariram (who died), Dayaram, Bhomaram, Sewaram, Kishna Ram, and Rewat Ram. 3 years R.I. each
Haji Mohamad alias Harji
Shakoor s/o Kadarbux (i) 148 IPC. 2 years R.I.
(ii) 302 IPC for the murder of Roopram Life imprisonment
(iii) 32 5/149 IPC for forming an unlawful assembly with the common object of causing grievous injuries to Durgaram, Hari Ram(who died), Daya Ram, Bhomaram, Sewaram, Kishnaram and Rewatram. 3 years R.I. each
All the sentences have been ordered to run concurrently. Criminal Appeal No. 154 of 1961 has been filed by the State with the prayer that accused Pokar, Shera, Harka, Sonaram, Sahiram, Umed, Dharam, Rampal, Poosa, Naria, Choona, Shivlal, Mubarak, Wali Mohammad, Shakoor son of Gheesu, Kasam, Sadiq and Bhoora should also be convicted of an offence under sec. 302/149 India Penal Code.
2. The police challan in the case was presented against 22 accused persons and the allegations were like this : There is aghor (gochar) land beating khasra Nos. 460 and 567/1 near village Dhanadi Kalan in the vicinity of hillock commonly known as Chor Bhakari, in Osian tehsil. The rain water used to flow from over the agnor land on to naadi. The accused were cultivating the aghor land for some time and this was resented by one Durgaram and his party. They, therefore, started litigation in the concerned revenue courts for the eviction of the accused who, in their turn, claimed that they were the tenants in possession of the lands and were not liable to ejectment. This led to considerable tension between the two parties. Collector, Jodhpur, wrote a letter (Ex, P. 127) to Tehsil-dar Osiyan on July 3, 1959 directing him to take immediate steps against "further trespass on the aghor land and to prevent its cultivation by the trespassers. Thereafter, Durgaram organized a party on the morning of July 10, 1959, to inform the accused of the Collectors orders and to ask them not to cultivate the aghor land. He, along with 11 others, proceeded to the place of occurrence. According to the version contained in the first information report (Ex. P. 1) made by Bhomaram (P.W.1), Nata and Ghamanda (P.W.3) at 3 p.m. in Police Station Khedapa, accused Govinda, Dharma, Rampal, Ummed, Poosa, Naria, Choona, Shivlal, Harji, Kasam, Shakoor, Sadiq, Mohammed, Vala and Shakoor were ploughing the aghor land at about 10 a.m. while Bhera, Pokar, Sona, Harka, Sahiram and Mangia were standing in the aghor land. Durga Rams party consisting of himself and Ghamanda, Nataram, Gokal, Durga, Rewat, Jai Ram, Roopa, Heera and Sewa went there to tell the accused not to plough the land. There was an alteration
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