RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCIUSED appellants, Ram Chandra and Kishan Das, were tried along with Ramotar and Smt. Ladi Under Sections 307, 326, 147, 149 and 323, IPC, for causing, on 24/8/1971, simple injuries on the person of Sita Ram and simple and grievous hurts to Guljari (PW/3 ). Learned Sessions Judge, after trial, acquitted accused Ramotar and Mst. Ladi of the charges framed against them. Accused-appellant Ram Chandra was acquitted of the charges punishable Under Sections 307 and 147, I. P. C. He was convicted Under Section 326, I. P. C. and sentenced to six months rigorous imprisonment and a fine of Rupees 100/- and in default of payment of which to suffer imprisonment for 15 days. Kishan Das was convicted Under Section 323, I. P. C. and sentenced to pay a fine of Rs. 250/- in default of payment of which to suffer simple imprisonment for two months,

(2.) AGGRIEVED by the judgment of conviction and sentence the accused-appellants have come up in appeal before this Court.

(3.) FACTS giving rise to this appeal are that on 24-8-1971 (Ganesh Chaturdashi day) some school boys, namely Om Pra-kash, Shyam, Vinod, Sajjan and others came to Sita Ram (PW 2), who was sitting under a mango tree in village Loh-argal. The boys made a complaint to their school teacher Sitaram that Ram Chandra's son Vinod had spoiled sweets and coconut by throwing on them ashes. The articles were brought by them for celebrating the function of Ganesh Chauth. Sita Ram reprimanded Ram Chandra and asked him either to replace the sweets and coconut or to pay the cost thereof to the boys. Prosecution case, further is that such a reprimand infuriated Ram Chandra. Exchange of hot words between Sita Ram and Ram Chandra attracted Kishan Das, appellant. Ramotar and Ladi (acquitted by the trial Court) appeared on the scene of the occurrence. Sita Ram was belaboured by them with stones, and lathis. The complainant's father (P. W. 3 Guljari) came to rescue his son, but he was also not spared. Ram Chandra, pushed to his house, brought an axe and inflicted an axe blow on the head of Guljari. In this scuffle Guljari sustained seven injuries, out of which injury No. 1 was an incised wound measuring 1" x 1/4", semicircular in nature with fracture of underline bone i. e. , frontal bone on the right side of the front of head, Sita Ram also sustained simple injuries. In the course of investigation the accused, Ram Chandra was arrested on 27-8-1971 and is consequence of his information an axe was recovered. But as the same was not found blood-stained, its recovery was of no consequence to the prosecution, The police after usual investigation submitted a challan against the accused. The learned Magistrate after preliminary inquiry committed the accused for trial to the Sessions Court at Jhunjhunu. All the accused pleaded not guilty to the charges. The prosecution examined five witnesses in support of its case. Out of these witnesses P. W/l Nathu, P. W. /2 Sita Ram (injured), P. W. /3 Guljari (injured) and P. W. /5 Brij Mohan were examined as eye-witnesses. P. W. /4 Bhan-war Singh is the investigating officer of this case. The injury reports Ex. P/4, and Ex. P/5 were proved by Dr. G. S. /agrawal's statement recorded by the committing Court. His statement was ordered to be brought on record Under Section 509, Cr, P. C, 1898. The accused denied their complicity in the crime. They pleaded that the complainant raided the shop of Kishan Das accused and inflicted injuries on his person. They also produced an injury report, Ex, D/3, relating to Kishan Das. No witness was examined in defence. As the Doctor who clinically examined accused was not examined in Court, the certificate is of no avail to the defence. At best, such a certificate would have a corroborative value, but it is not a substantial piece of evidence from which an opinion of medical expert can be proved or established. The learned Sessions Judge held that the case set up by the defence was not reliable. Accused Kishan Das was clinically examined on 29-8-1971, i. e. five days after the occurrence, Com- plaint filed by Kishan Das against the members of the complainant's party was an after-thought. Placing reliance on the statements of Sita Ram (PW/2), Guljari (PW/3) and Nathu (PW/1), corroborated by the medical evidence, learned Sessions Judge convicted and sentenced the accused-appellant, as mentioned above. Hence, ihis appeal.