DHANNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- Petitioners Dhanna Ram, Sohan Lal and Bhaga Ram preferred this revision petition as they were dissatisfied with the judgment of learned Additional Sessions Judge, Nohar dated 10-5-1991 by which their appeal was dismissed and judgment of conviction was upheld. The petitioners were convicted by Munsif and Judicial Magistrate, Nohar and sentenced as follows :-

(2.) All the sentences were ordered to run concurrently.

(3.) Briefly stated, the case of the prosecution is that statement of Ganga Ram was recorded at P.H.C. Nohar on 12-8-1982 by A.S.I. According to this statement, Gangaram had a brother named Bhura Ram who is elder to him. They were living separately. In the morning Ganga Ram went to his field where gwar was to be sowed. His son Ram Chandra was with him. His daughter Sundar brought his lunch. His brother Bhura Ram and his sons were also working in their field and were sowing gwar. The three petitioners came and started breaking a water course. Ganga Ram requested them not to do so. Then the petitioners came to him. Sohan Lal and Bhaga Ram were armed with kasia while Dhanna Ram was having a gandasi in his hand. Bhaga Ram inflicted a kasia blow on his leg. He fell down and then all the three accused petitioners gave him beatings. Ganga Ram made hue and cry. Thereupon his daughter and his son came and rescued him. His daughter and his son were also given beatings. It were Hari Ram and Balram who brought him in a jeep to hospital where he was admitted. The occurrence took place at about 11.00 a.m. A case under Sections 447, 324, 323/34, IPC was registered and the case was investigated. After investigation challan was submitted under various sections of Indian Penal Code. The injury report of Ganga Ram showed that he had suffered a grievous injury by sharp weapon. On the whole there were as many as 10 injuries on his body. When charges were framed, petitioners denied their indictment and claimed trial. Prosecution examined a number of witnesses and the petitioners were convicted and sentenced as stated above. Appeal was also dismissed by learned Additional Sessions Judge, Nohar.