RAMJAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused appellants against the judgment and order dated 4/4/1987 passed by the learned Add. Sessions Judge No. 1, Sri Ganganagar in Sessions Case No. 28/86, by which he acquitted two accused of this case, namely, Menaram and Begaram for the offence under Section 307/34, IPC, but convicted the present accused appellants for the offence under section 307, IPC and sentenced each of them to undergo five years. RI and to pay fine of Rs. 200/-, in default of payment of fine, to further undergo SI for two months.

(2.) The facts giving rise to this appeal in short are as follows: On 26/2/1986 at about 1:30 AM. PW 6 Noor Mohd, recorded the statement Ex. P/i of injured witness Phularam (PW 1), which was given by him in the hospital taking inter alia that on 26/2/ 1988 his younger brother PW 2 Balrams, brother-in-law went to the house of Gangaram and to whom his brother Balram brought him back. It was further stated by PW 1 Phularam that in the evening accused appellant Ramjas Sb Gangaram came to his house and invited him and his brother Balram, PW 2 and also requested that the incident, which took place, earlier, may be compromised and, thereafter, he and his brother PW 2 Balram both went to the house of accused appellant Ramjas on 25/2/1986 in the evening, where his brothers accused Begaram and Menaram were there and they were armed with lathi, his another brother accused appellant Rania was armed with Kasia and the accused appellant Ramjus was armed with Gandasi and they all said that enemies had come to their house and the, accused appellant Ramjas gave a Gandasi blow on the head of PW 2 Balram; as a result of which, he fell on the ground in the Chowk and, therefore, accused appellant Rania gave a Kasia blow on the head of PW 1 Phularam and second injury on his hand was caused by accused Begaram and they all beat them and after hearing cries, Jotrm, PW 4, Relaram, PW 3 and other people of the village came there. On this Parchabayan Ex. P/i, a case was registered and regular FIR Ex. p 139 was chalked out at police station lalgarh, Sri Ganganagar and investigation was started and during investigation, PW 1 Phularam and PW 2 Balram were got medically examined and injury report of PW 1 Phularam is Ex. P/24 and the injury report of PW 2 Balram is Ex. P/23. The X-ray reports of PW 1 Phularam and PW 2 Balram are Ex. P/9 and Ex. P/8 respectively. The accused persons were arrested and the present accused appellants Ramjas and Rania were arrested on 12/3/1986 through arrest memos Ex. P/27 and Ex. P/28 respectively. After usual investigation, police submitted challan against the accused appellants and two other accused in the Court of Magistrate, from where the case was committed to the Court of Sessions. On 17/7/1986, the learned AddI. Sessions Judge No. 1, Sri Ganganagar framed charges for the offence under sections 307 and alternatively 307/34, IPC against the accused appellants and for the offence under section 307/34, IPC against accused Begaram and Menaram. The charges were read over and explained to the accused persons, who pleaded not guilty and claimed trial. During trial, the prosecution in support of its case examined as many as 11 witnesses and got exhibited some documents. Thereafter statements of the accused persons under Section 313, Cr. P.C. were recorded. In defence, no evidence was produced by the accused persons. After conclusion of trial, the learned AddI Sessions Judge No. I, Sri Ganganagar through his judgment and order 4/4/1987 acquitted the two accused Begaram and Menaram of the charges framed against them, but convicted the present accused appellants. For the offence under section 307, IPC and sentenced them in the manner as indicated above holding inter-alia: -

(3.) In this appeal, the learned counsel appearing for the accused appellants has made the following submissions: