NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS Gheesa and Narain along with eight others were tried for the charge Under Sections 147, 148, 302, 307, 323 read with 149 I.P.C. by the Additional Sessions Judge, Bhilwara. Vide judgment dated August 29,1985, eight accused were acquitted of the charges. Gheesa appellant was however held guilty Under Section 302/34 and 323/34 I.P.C. and sentenced to imprisonment for life and a fine of Rs. 150/ -, in default of payment of fine to undergo three months R.I. on the first count and three months R.I. on the second count. Narain appellant was held guilty Under Section 302/34 I.P.C. and sentenced to imprisonment for life and a fine of Rs. 150/ -, in default of payment of fine to undergo three months R.I. Gheesa and Narain have preferred this appeal against that judgment.

(2.) THE proseuction case was that P.W. 20 Sohan Singh, A.S.I, of Bigod Police Station had gone to Bigod from Police Chowki Barundi in connection with investigation of a case. While returning to the Police Station on January 17, 1983 on reaching in the way to village Hingonia he got information about there being quarrel between the Jats and the Brahmins. He went to village Hingonia and came to know about Ganesh getting injured. He went to the house of Ganesh and saw injuries on his person. Ganesh informed him that on January 16, 1983 he and others had brought grass in four bullock -carts from the 'Beeda' of Ram Sukh. On January 17, 1983 Ram Sukh, Narayan, Pyarchand and Madhu had gone to bring grass from the 'Beeda' and he had gone to bring the articles for his shop. He saw that Ram Sukh, Narain, Pyarchand and Madhu were bringing grass in the bullock -carts. Nand Ram, Gheesa, Sunda and Banshi were found there in the fields. There was dispute and litigation between the Jats and the Brahmins regarding the way leading to the 'Beeda'. On seeing the aforesaid four persons moving there, Ganesh and others thought it proper not to proceed ahead that way but appellants Gheesa and Narain and eight others (since acquitted by the trial Court) started beating to Ramsukh, Narain son of kashi Ram, Pyarchand and Ganeshlal. Gheesa, Narain son of Javara and Narain son of Gulab were armed with axes and the remaining with lathies and all of them caused injuries to the four victims with the weapons they had. Sohan Singh, A.S.I. (P.W. 20) sent the information to the Police Station and case was registered against ten persons. Sohan Singh (P.W. 20) started investigation at the site. Thereafter Station House Officer and Deputy Superintendent of Police also reached there and prepared the site inspection memo. On January 17, 1983 Dr. Himmat Singh (P.W. 14) of Referal Hospital, Mandalgarh examined the injuries of Madhu son of Nathu and noted three simple injuries caused by blunt object on his person and prepared the injury report Ex.P/26. On the same day the Doctor examined Narain son of Kashi Ram and noted seven injuries with blunt object on his person and prepared the injury report Ex.P.27. The Doctor on that day also examined the injuries of Pyarchand son of Madholal and noted five simple injuries by blunt object on his persons and prepared the injury report Ex.P/28. The Doctor also examined injuries of Ganesh son of Arjun and noted eight simple injuries by blunt object on his person and prepared the injury report Ex. P.29. The Doctor advised X -ray for certain injuries of Ganesh and Pyarchand but on X -ray no bone injury was found. Hence all the injuries of these four persons were designated as simple in nature. Ramsukh had succumbed to the injuries sustained by him. Dr. Laxman Kumar Verma (P.W. 15), Modical Officer, Government Hospital, Barundini conducted the autopsy over the dead body and noted following two injuries on his person:

(3.) CHARGESHEET against the appellants and eight others was filed. On receiving the case on committal by the Chief Judicial Magistrate, Bhilwara, the learned Additional Sessions Judge, Bhilwara chargesheeted the appellants and eight others Under Sections 148, 302/149, 323/149 I.P.C. He held the case established against Gheesa son of Gulab and Narain son of Jawara only and convicted and sentenced them as stated earlier. The eight co -accused were acquitted.