RAMJAS Vs. STATE

JUDGEMENT

(1.) Challenged is appellant's conviction for the offences and sentences awarded for (i) Section 307 IPC 5 years RI, fine of Rs.200/0 for non- payment one month RI (ii) Section 326 IPC four years RI with fine Rs.200/- in default one month RI (iii) Section 324 IPC one year RI with fine Rs.100/- in default 1 month RI (iv) Section 323 IPC 3 months RI with fine Rs.50/- in default 15 days RI. All sentences are ordered to run concurrently.

(2.) Prosecution case is that at 12:30 of night in intervening between October 5th and 6th, 1988 Jagdish PW/2 arriving at P.S. Taranagar told and informed SHO PW/7 that he, father's elder brother's son Ram Kumar, father's sister's son sultan and sister's husband Pokar Ram all came to plough land of Pokar Ram bringing tractor of Balbeer PW/4 and they having ploughed 5 bigha and when night fell, came in village to house of Nand Ram PW/3. At about 8:30-9 in night Sultan PW/4 went out to urinate and when from a little distance heard was his cry, so, he (PW/2) and Nand Ram runningly going observed that Sultan and Ramjas were shouting to each other Ramjas had a "Barchi" in his hand, inflicted blow of it at neck of Sultan who fell down and three more blows inflicted at his hands when more injuries were being inflicted to PW/2, he and and Nand Ram tried to intervene Ramjas did inflict injury of barchi to him (PW/2). In report, Jagdish also told that as he and Nand Ram challenged Ramjas, he went to roof of own house and began throwing stones out of which one struck at right leg of Pokar Ram and some at his (PW/2) leg. Sultan wounded at neck is serious who by a private bus brought to and now at hospital Taranagar and had they not intervened Sultan would have been dead.

(3.) PW/7 recording this information of PW/2 and on its basis registered Crime No. 134/88 Ex.P/26 for the offence of Section 307, 324, 323 IPC and commencing investigation examining place of occurrence on 06.10.88 prepared memo and sketch Ex.P/2 & P/2A, seized and sealed shirt, tehmad and safa, haded over by injured Sultan in hospital and having some blood stains, preparing memo Ex.P/3 packet marked as A. Injured Sultan, Jagdish and Pokar Ram were medically examined by Medical Officer PW/6between 1-2 AM night and their respective injury reports are Ex.P/4,10 & 11. X-ray requisition, X-ray plates, report and opinion regarding injuries are Ex.P/5 to 9 & 12.