NANU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PW 1 Arjunram has his fields in village Sukhana and not far away from the fields of his house. Begaram aged about 12-13 years the son of the accused appellant. The case of the prosecution is that on July 21, 1975 in the noon, Begaram son of the accused appellant, drove his livestock in the fields of PW 1 Arjunram. Arjunram asked Begaram to take away the herd from his fields and Begaram took away the herd from the fields of Arjunram PW 1. At about 5-00 p. m , on the same day, Arjunram PW 1 was sitting under the shadow of a 'khejri' (a tree) not far away from his house. The accused came there with an axe in bis hand and asked Arjunram PW 1 as to why he had beaten Begaram, son of the accused. Arjunram denied to have beaten the son of the accused but the accused rebutted it and thereafter, the accused started landing blows on Arjunram with his axe with which he was armed. The accused continued giving blows till Arjunram PW 1 had fallen on the ground Arjunram raised cries, hearing which, Khetaram PW 2, Tulchharam PW 3 and Hemaram PW 4 whose houses are situated nearby, came there running and the accused, seeking that they are coming, took to his heels. Arjunram PW 1 was taken to his house, his clothes which he was putting on were drenched in blood. From his house, Arjunram was taken to the police station, Loonkaransar in a camel cart where he lodged a report Ex. P 1 at 6. 30 p. m. about the occurrence. A case was registered and investigation was set into motion.

(2.) DR. Chandra Mohan, PW 5, Medical Officer-in-charge of Government Dispensary, Loonkaransar, examined the injuries of Arjunram on 21-7-76 at 7. 00 a. m. and found the following ten injuries, - 1. Incised wound 3 cm x 1 cm x 2 cm on right hand just above the root of right little finger. 2. Incised wound 1-1/2" x 1" x 1/4" just lateral and above the right elbow joint. 3. Incised wound 1-1/2" x 1" x 1/4" just below the above wound No. 2 at right elbow joint. 4. Incised wound 3/4" x 1 /4" x l /4" over head, right parietal bone 3" above the posterior occipital protuberance. 5. Incised wound 1-1/2 cm x 1 cm x 1/2 cm over back of right hand in between thumb and index finger. 6. Incised wound 2 cm x 1 cm x 1 cm just back of right ear in the middle. 7. Incised wound 3" x 1/2 x 1/2" over front of left palm. The wound was extending from the root of the left thumb extending towards wrist joint. 8. Abrasion 2-1/2 cm x 1 cm over the mid-shaft of clevical of right shoulder joint. 9. Swelling 1" x 1" three inches below the left wrist joint. 10. Swelling 3" x 2" over dorsum of right hand. Injuries No. 1 to 8 were simple in nature. Injures No. 1. to 7 were caused by some sharp edged weapon while injuries No. 8,9, and 10 were caused by blunt object. The injuries were stated to be 24 hours old. The doctor advised for x-ray for injury No. 9 and 10 to ascertain their nature. X-rays were taken on July 25, 1975 in P. B. M. Hospital Bikaner, by DR. S. C. Bhargava. On reading the x-ray plates Ex. P 13 and Ex P14, he observed that there was evidence of fracture of lower l/3rd of left ulna and fracture of left scaphoid and further evidence of fracture of 1st and 5th metacarpal bones. The accused was arrested and on his information an axe, the alleged weapon of offence was recovered. A charge under sec. 307 of the Indian Penal Code was framed against the accused. He pleaded not guilty and claimed trial. On behalf of the prosecution, as many as eight witnesses were examined. Thereafter, the accused was examined under Sec. 313 of the Indian Penal Code to explain the circumstances appearing against him in the evidence of the prosecution witnesses. The accused admitted that his son Bheraram, aged about 10 the 12 years, had gone with his herd of cattle to the fields of Arjunram but he stated that Arjunram had then beaten his son Begaram and he also snatched a stick. He (the accused) and his son Sohanram went to the house of Arjunram in the evening to reprimand him as to why he had beaten his son and snatched his stick. Arjunram gave a lathi blow on his head. He wanted to give a lathi blow to his son Sohanram. Sohanram took up an axe and caused injuries to Arjunram. The accused did not examine any witness in defence. The learned Sessions Judge convicted the accused under section 326 I. P. C. and sentenced him to undergo 2-1/2 years' rigorous imprisonment and to pay a fine of Rs. 500/-, in default of payment of which, to further suffer rigorous imprisonment for three months.

(3.) IN the result, the appeal is partly allowed. While maintaining the conviction of the accused appellant under Sec. 326, I. P. C, I sentence him to two yaers' rigorous imprisonment and to pay a fine of Rs. 100/-, in default of payment of fine, to further suffer one month's simple imprisonment. The accused is on bail. He shall surrender to his bail bonds forthwith, failing which, the trial court shall take steps to apprehend the accused so that he undergoes the sentence awarded to him or any remaining part thereof. .