URJA RAM & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by Urja Ram and eight others against the order passed by the learned Additional Sessions Judge No. 1, Jodhpur dated May 132 1976 convicting all the accused appellants, under section 307 read with section 149 Penal Code and sentencing each one of them to two years' rigorous imprisonment and a fine of Rs. 100.00 in respect of the aforesaid offence. They were also convicted under section 149 I. P. C. and sentenced to one year's rigorous imprisonment for the said offence and were also convicted for an offence under section 447 I. P. C. and sentenced to three months' rigorous imprisonment.

(2.) The prosecution story, briefly, is that on Oct. 1, 1973, at about 10 a. m. the accused-appellants, armed with 'dhariyaa', spears and sticks, trespassed into the field of Haringa Ram, who was working at that time in his field along with Dhanna Ram, Mangla Ram, Gumana Jakhad, Pema Bishnoi and Ganesha Jat, and attacked them. Urjaram inflicted a 'dhariya' blow on the head of Haringa Ram Bhakar Ram dealt a blow with a'dhariya'on the neck and other persons assaulted them with 'farsis'and 'lathis'. Pema Ram, Ganesh and Gumana brought the injured Haringa Ram, Dhanna Rain and Mangla in a tractor to the Government Dispensary, Pipar City. Their injuries were examined by Dr. P. P. Gandhi, Medical Officer, posted at the aforesaid hospital, who prepared the injury reports. Thereafter Haringa Ram lodged a first information report with the Police Staiion, Pipar City. The injuries of Haringa Ram, Dhanna Ram and Mangla Ram were referred to the Mahatma Gandhi Hospital, Jodhpur as it was suspected that they had sustained fractures. However, on examination by Dr. P. Dayal. Medical Jurist at the Mahatma Gandhi Hospital, Jodhpur and after X-ray examination no fractures were found and it was confirmed by Dr. P Dayal that none of the three Injured had any injury. Subsequently Dr. P. P. Gandhi got the injuries of Haringa Ram and Dhanna Ram X-rayed privately by Dr. M. S. Punjal and X-ray films Ex. P. 7 and Ex. P. 8 were produced in the court, one of which showed a fracture of the left clevical bone.

(3.) After investigation was made by Samander Singh (P.W. 14), a challan was produced before the Judicial Magistrate, Bilara on Jan. 10, 1974 who committed all the accused persons to the Court of Session by his order dated May 31, 1974 to stand their trial for offences under sections 147, 148, 447 and 307 read with section 149 I. P. C. The prosecution examined 14 witnesses in the court of Session and the statements of the accused were recorded under section 313, Cr. P. C. The accused appellants examined three defence witnesses including Dr. P. Dayal. The learned Additional Sessions Judge, on completion of the trial and after hearing the arguments of the learned counsel for the accused-appellants and the learned Public Prosecutor held that it was established by the evidence of P.W. 1 Jawanta Ram, P. W. 2 Pema Ram, P. W. 3 Haringa Ram, P.W. 4 Dhanna Ram, P. W. 9 Mangla Ram and P. W. 10 Gumana Ram that the accused appellants formed an unlawful assembly and had trespassed into the field of Haringa Ram armed with deadly weapons with a view to commit an offence. The learned Additional Sessions Judge also found that Haringa Ram had suffered four injuries, including an incised wound 3,1/2" x ⅓" x 1" on the right parietal eminence while Dhanna Ram had suffered seven injuries including three incised wounds, one of which was in the region of the clevical bone. Mangla Ram had six injuries on his body incised wounds one of which was in the head region. As already mentioned above, the head injury suffered by Haringa Ram and the two injuries suffered by Dhanna Ram in the left clavicle area and the other on the left fore-arm were inflicted with sharp weapon and were considered by Dr. P. P. Gandhi to be grievious and he referred them to the Mahatma Gandhi Hospital, Jodhpur for verification of fractures underneath the incised wounds. Dr. P. Dayal who was the Medical Jurist at the Mahatma Gandhi Hospital. Jodhpur at that time, came to the conclusion, on the basis of X-ray examination, that there was no fracture suffered by any one of the two injured persons. The injuries suffered by Mangla Ram were all simple and were caused by blunt weapons. The learned Addl. Sessions Judge accepted the version given by Dr. P. P. Gandhi, on the ground that he had examined the injuries suffered by Haringa Ram and Mangla Ram at the earliest opportunity. It may, however, be observed that Dr, P. Dayal had given his opinion about the nature of injuries suffered by these three persons after getting the injuries X-rayed, and he expressed the opinion that there was no bony injury suffered by any one of the three injured persons. .