RAM CHARAN & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal, Ram Charan and six others have called in question the judgment dated 28.10.1993, of the learned Additional Sessions Judge, Chabra (Baran), whereby Ram Charan and Om Prakash were convicted under Sec. 148 and 326 IPC, and Hari Vallabh, Chotu Lal, Lalji Ram, Gobaria and Babu Lal under Sections 148, 326/149 IPC. All the seven accused were sentenced to one year simple imprisonment and a fine of Rs. 100.00 each; in default 15 days simple imprisonment under the first count and six months simple imprisonment and a fine of Rs. 50.00 each; in default seven days simple imprisonment under the second count.

(2.) The case relates to an occurrence which is alleged to have taken place in village Nipania on 2.8.1989, at 1.30 p.m. The prosecution case was that seven accused had formed unlawful assembly and they had caused injuries to Sita Ram and Janki Lal by axes and lathies. The report of the occurrence was lodged by Janki Lal at Police Station Chabra at 5.00 p.m., on which a case under Sections 147, 148, 149, 323, 324 and 307 Penal Code was registered After the completing of the investigation, the police submitted a chailan against all the accused persons under Sec. 307 IPC. The learned Additional Sessions Judge framed charges against Om Prakash and Ram Charan under Sections 307, 323/149 Penal Code and against the remaining five accused under Sections 307/149 and 323 IPC. The prosecution examined RW. 1 to P.W. 15. The accused in their statements under Sec. 313 Cr.RC. denied accusation. They did not examine any witness in defence.

(3.) The trial Court held that the accused persons had formed an unlawful assembly and in furtherance of the common object of the assembly, grievous injuries had been caused to Janki Lal and Sita Ram by Ram Charan and Om Prakash. He, however, held that a charge under Sec. 307 I.PC. was not established but convicted them under Sec. 326 Penal Code and the remaining five accused with the aid of Sec. 148 IPC.