BIRBAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The abovenamed accused appellants have filed this appeal against the judgment and order dated 24.2.1982 passed by the learned Additional Sessions Judge, Nagaur in Sessions Case No. 26/81 by which he convicted and sentenced to accused appellants in the following manner:- <FRM>JUDGEMENT_127_LAWS(RAJ)7_2000_1.html</FRM> Both Sentences were ordered to run concurrently.

(2.) It arises in the following circumstances:-

(3.) PW 1 Jaganath lodged a report Ex.P/1 in the Police Station Panchodi District Nagaur on 25.1.1981 at about 4.45 PM stating that there is a truck which is used for carrying dairy milk. The driver of the truck is accused appellant Ratna Ram and owner of that truck is accused appellant Birbal Ram. The owner of that truck took 25 litres oil on credit before fifteen days back and he also took some money on loan from PW 3 Rajuram. On 24.1.1981, when PW 3 Rajuram demanded the oil which was taken on loan from him by accused, accused told that there is nothing outstanding against them and there were some hot exchanges between them also. On the same day, in the evening at about 7.00 PM, accused appellants and one more person Ganpat parked the truck in front of the old fort and came in front of the flour mill belonging to the Sunars. They also blew the horn of the truck and asked PW 3 Rajuram to come out to take the oil. Upon this, PW 3 Rajuram, PW 5 Lichmanram and PW 4 Shivnarayan came out. As soon as they came, accused appellant Ratna Ram, who was having Kawada in his hand, gave blow on the person of PW 3 Rajuram by that Kawada and accused appellant Birbal Ram, who was having an iron rod, gave a blow on PW 5 Lichmanram and then, accused Ratna Ram gave a blow on the head of PW 4 Shivnarayan. Thereafter, Dungar Singh, PW 2, Himmatram, PW 6 and PW 8 Bhagirath came there and accused persons ran away from the scene. Bhagirath, PW 8 and Dungar Singh, PW 2 took the injured to the hospital of Nagatir where they were admitted and it was further stated that Birmaram, was armed a report in the police station and since Birmaram, PW 10 does not know full incident, that is why, the report has been lodged now by PW 1 Jaganath.