SHRAVAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these appeals have been filed Under Sub -section (2) of Section 374, Cr.P.C. against a common Judgment dated 2nd May, 1998, delivered in Sessions Case No. 20 of 1996 by Sessions Judge, Merta. There being common questions of law and facts involved, both these appeals are disposed of by this common judgment, copy of which shall be retained in each file.

(2.) NECESSARY facts as made out from the prosecution evidence are that on 1st May, 1996, at about 11 PM in the night, Dharu Ram went to his well to irrigate the field as electric power supply has resumed at that time and it was his turn to irrigate the field. The well was not far off from his house and at the time when he left the house, PW -3 Gorli and PW -4 Bhanwari, being sisters, were present in the house, along with PW -1 Kelki. After about half an hour, these ladies heard cries and commotion from the well, upon which PW -1 Kelki left for her house to inform her father -in -law whereas Gorli and Bhanwari went to the site where they saw Shravan Ram, Megha Ram, Ramkaran, Tulcha Ram, Ugma Ram, Hanuman son of Mewa Ram and few others, inflicting Lathi/'Gandasi' blows on the person of Dharu Ram. Mst. Gorli tried to intervene but was pushed away, first by Hanuman and second time by Ugma Ram, when Dharu Ram fell unconscious, accused party left the place of occurrence. The seriously injured Dharu Ram was brought to the house by PW -3 Gorli and PW -4 Bhanwari.

(3.) THE occurrence took place in the fields of village Bagod where 'Dhani' of not only deceased but also of witnesses and accused persons is situated. The well where the occurrence took place is jointly owned by the complainant party and the accused party, being descendants of common ancestor. Though Dharu Ram was taken on a tractor to village Bagod for immediate treatment but before reaching there, he passed away and therefore, was through back to his house.