RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this appeal by special leave the appellants are Ram Swaroop and his two sons Ram Kalyan and Hiralal. They along with two others namely - Dakhan, wife of Ram Swaroop and Ram Kanya wife of Ram Kalyan were tried by the Additional District and Sessions Judge, Bundi, in Sessions Case No. 55 of 1986 charged variously of offences under Ss. 302, 302/34 and 323, I.P.C.

(2.) It was the case of the prosecution that in the occurrence giving rise to the instant appeal, they had assaulted Bhanwarlal, brother of appellant-Ram Swaroop, who succumbed to his injuries, and had assaulted and caused injuries to Ram Kanwari (P.W. 9), wife of the deceased and Madan Lal (P.W. 8), son of the deceased. The trial Court after an exhaustive consideration of the evidence on record came to the conclusion that the prosecution had failed to prove its case beyond reasonable doubt. The witnesses examined by the prosecution in support of its case were not found to be reliable, their evidence was not consistent with the medical evidence on record, and the version disclosed by them was inconsistent. In view of these findings, the trial Court acquitted them of all the charges levelled against them.

(3.) On appeal the High Court affirmed the acquittal of the two female accused, but while acquitting the appellants of the offence punishable under S. 302, I.P.C. convicted them under S. 304, Part II and S. 323, I.P.C. Appellant-Ram Swaroop was sentenced to undergo four years' imprisonment and to pay a fine of Rs. 100/- under S. 304, Part II, I.P.C. and to undergo six months' imprisonment for the offence under S. 323, I.P.C. Appellants-Ram Kalyan and Hiralal were sentenced to undergo four years' imprisonment for committing the offence under S. 304 read with S. 34, I.P.C. and six months' imprisonment for the offence under S. 323, I.P.C. The sentences were directed to run concurrently.