RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE straying of the goats of the accused resulting in damage to the crop to the complainant resulted in the incident, which has given rise to cross cases between the parties. THE present one is an appeal by the accused Ram Chandra who has been convicted under section 307 I. P. C. by the Sessions Judge, Tonk and sentenced to two years rigorous imprisonment and a fine of Rs. 200/ -and imprisonment of two months rigorous imprisonment in default of payment of fine.

(2.) THE prosecution case as per the F. I. R. lodged by Ganga Ram in Thana Baroni at 12. 30 noon on 20. 1. 1978 mentions that on 19. 1. 1978 at about 6. p. m. Gopal went; to the house of Mohariya alias Morpal and Ramchandra for reprimanding them for the damage caused to the crop by the goats of Gopal and Mohariya alias Morpal. On this the accused Mohariya alias Morpal and Ramchandra etc. started abusing Gopal. Gopal came back to his house. This was followed by an attack by the accused Ramchandra and others who came with lathis and Gandasi following Gopal. Ramchandra gave a Gandasi blow to Gopal on the head and Molya gave a lathi blow to Gopal on the eyelid. Nathu accused gave a lathi blow to Ramniwas and Mooyal gave a lathi blow to Ramniwas on the leg. Kalu gave a lathi blow to Gopal, On making hue and cry Kajod and Ramdeo came and rescused, otherwise the accused would have killed the complainant party.

(3.) I have mentioned in details the statement of Bhoora in order to emphasise that the entire prosecution story stands falsified so far as proximate cause, scene, place and the method and manner of the incident as narrated by the prosecution, is concerned. This falsification is not without significance and is of great importance.