GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Rajasthan High Court.

(2.) Five persons were tried by the Sessions Judge, Ganganagar, on charges under Sections 147, 449, 307 and 302 read with S. 149, Indian Penal Code. According to the case of the prosecution Adram, Sohanlal and Kashiram were sitting at the house of Adram when Dhanpat appellant came there in a state of intoxication. He started hurling abuse and was asked to leave. Dhanpat went towards his house and returned after a short time armed with a Gupti. He was accompanied by Gopal who had a Barchha and Dhonkal who was armed with a Kassia. The wives of Gopal and Dhankal Mst. Chawali and Mst. Kheevni were armed with lathis and accompanied the other assailants. It may be mentioned that Gopal and Dhonkal are brothers and Dhanpat is the son of Gopal. It was alleged by the prosecution that Dhanpat attacked Sohanlal with the Gupti, Gopal hit him on his head with Barchha and Dhanpat hit Adram with Kassia. This attack was attributed to some old enmity between the assailants and Adram and Sohanlal. This was the prosecution case as embodied in the first information report which was lodged my Madu Ram P. W. 2 at Police Station Bhadra on 12th September 1965 at 11 p.m. Bhadra is at a distance of 19 miles from village Kunji where the occurrence is alleged to have taken place. The learned Sessions Judge found that S. 149 could not be applied to the facts as found by him and each accused person would be liable for his individual action. It was held that the grievous injuries on the head of Sohanlal were caused by Gopal. He found him guilty under S. 302, Indian Penal Code, and sentenced him to imprisonment for life. He was also convicted under S. 324, Indian Penal Code, for causing injuries to Adram and awarded a sentence of one year's rigorous imprisonment on that count. The two sentences were to run concurrently. Dhonkal was convicted under S. 324, Indian Penal Code, for causing injuries to Sohanlal and Adram and was sentenced to 1 1/2 year's rigorous imprisonment. Dhanpat was convicted under the same provisions for causing injuries to Sohanlal and was awarded one year's rigorous imprisonment. Mst. Kheevni and Mst. Chawali were convicted under S. 323 Indian Penal Code and were directed to pay a fine of Rs. 50 each; in default they were to undergo a simple imprisonment for 15 days.

(3.) The convicted persons filed an appeal to the High Court. Now on the side of the complainants Sohanlal deceased had sustained four injuries which were all incised wounds. The first one was an incised wound on the upper part of the right parietal region and the second one on the lower part of that region. Indeed it were these injuries which ultimately caused his death. Adram had sustained seven injuries four of which were incised wounds, two contusions and one abrasion, all the injuries being simple. Maduram had three contusions and two abrasions the injuries being simple in nature. Out of all the accused persons Gopal had a contusion on the medial surface of dorsum of left head, a curved incised wound on the right side of the parietal region, a contusion the on left shoulder region and an abrasion. The first injury was grievous and the others were simple in nature. Injury No. 2 had been caused by a sharp-edged weapon. Dhonkal had six contusions, one contused wound on the right parietal region and haematoma on the left side of his back. The injuries were simple. Dhanpat had four contusions and one abrasion injuries being simple. Mst. Kheevni had one contused wound on the right side of the frontal region and three contusions. Mst Chawali had two contutions and five incised wounds on the left parito occipital region connecting one with the other. The third injury had been caused by a sharp-edged weapon.