JOTE RAM Vs. STATE

JUDGEMENT

(1.) The incident is of 26/05/1974, and the judgment underappeal of 22/09/1975. The wait for this final culmination must have been an ordeal in itself.

(2.) The prosecution story is set in village Bawana. The day, as already noticedabove, was May 26 in the year 1974. The time about 4 p.m. The main characters areKumari Shantey, her brother Brahm Parkash, sister Kamlesh and mother Bhagwanibesides of course the appellant Jote Ram who is projected before us as the villain.It so happened that on the fateful day noted above, while Shantey, Kamlesh andBrahm Parkash were returning home with their buffalo, Jote Ram abused them. Thechildren narrated the incident to their mother who lost no time in lodging protestwith him. One would have expected the things to cool down. Instead the tempersran high and we are told that Jote Ram, a neighbour otherwise, went on to the rooftop of his house and started hurling bricks at the family. One such brick hit Shantey leaving her unconscious. While she was being rushed to the hospital her father RisalSingh met them on the way and on being told about the incident, rushed to thePolice Station. The next day saw the recording of the statement of Bhagwani whichled to registration and consequent prosecution of Jote Ram under Section 308 of theIndian Penal Code.

(3.) The learned Additional Sessions Judge lost hardly any time in concludingthe trial and pronouncing Jote Ram guilty. Aggrieved, he preferred this appeal. Wehave taken almost 20 years for its disposal.