KESHRA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This is a criminal appeal filed by six accused appellants, who were tried by the Sessions Judge, Sikar, and who, by his judgment dated March 18, 1983, were found guilty for offences under sections 147,307 read with section 149, 325 read with sec. 149, 323 and 342 IPC. Each of them were sentenced to rigorous imprisonment for one year for offence u/s. 147 IPC rigorous imprisonment for five years for offence u/s. 307 read with sec. 149 IPC, rigorous imprisonment for five years for offence u/s. 325 read with sec. 149 IPC, six months r. i. for offence u/s. 323 IPC, and for three months rigorous imprisonment for offence u/s. 342 IPC, apart from the fine imposed.

(2.) THE prosecution case is that, on Nov. 17, 1981, Pooran Mal Pw. l, who is resident of village Chainpura in district Sikar was returning to his village at between 7. 00 and 8. 00 p. m. from Sikar after" selling the milk. He heard a noise coming from the side of the house of Kishna Ram, appellant No. 2. He came rushing to the house of Kishna Ram. He found that the accused-appellants and some ladies were beating Bhinwa Ram and his sons Chatru Ram and Meva Ram by lathies and stones. Kishna Ram and his sons had lathies in their hands while the ladies had stones. Bhinwa Ram and his two sons had fallen on the ground after sustaining injuries. Hearing the noise of this quarrel, Lakha Ram, Iser Ram, Balu Ram, Surja Ram Jats and Roopa Balai and other village people also reached there. THEreupon Mewa Ram injured was dragged into the house of Kishna Ram and the accused closed the door of the house. Bhinwa Ram and Chatru Ram were brought in a camel cart and were admitted in hospital at Sikar. Mewa Ram was confined in the house of Kishan Ram when the report was lodged. On the basis of the first information report to the above effect lodged by Pooran Mal Pw. 1 at Police Station Sadar, Sikar, a case was registered at the police station for offences U/ss. 147, 148, 149, 336,342 and 307 IPC. After investigation, the police Tiled a charge sheet against the present appellants in the court of Judicial Magistrate, Sikar. THE Judicial Magistrate, Sikar, committed the case to the court of Sessions Judge, Sikar, and, the Sessions Judge, Sikar after trial, held all the accused appellants guilty for various offences mentioned above and sentenced them as aforesaid. All the six accused have come in appeal before this Court.

(3.) THE Sessions Judge was right in holding that incident no doubt took place before the house of Kishna Ram and in that incident Mewa Ram, Bhinwa Ram and Chatru Ram received injuries. THE injured Mewa Ram PW. 4 and Chatru Ram PW. 6 have been examined by the prosecution. So far as Bhinwa Ram injured is concerned, he has expired. Mewa Ram has narrated the incident that he alone was passing in front of the house of Kishna Ram. When he was in front of the house of Kishna Ram, the later and his sons Govind Ram, Hardeva Ram, Keshra Ram, Sohan Lal and Dana Ram begun to absuse him. All of them had lathies in their hands. When he asked them as to why they were abusing, they started beating him. It was Hardeva Ram appellant, who first inflicted injury on his forehead and thereafter all other appellants starting beating him with lathies. He raised a cry and thereupon his father Bhinwa Ram and his brother Chatru Ram came from the side of the village. Bala Ram, Iser Ram, Lakha Ram, Pooran Mal and Surja Ram also came. Bhinwa Ram intervened to rescue his son Mewa Ram. THEreupon the appellants left Mewa Ram and begin to assault his father Bhinwa Ram. Bhinwa Ram fell in the way. His brother Chatru Ram also came near and he was also beaten by the appellants. THE appellants then tied Mewa Ram by his legs and dragged him inside their 'badi'. THEy closed the door. Govind Ram was asked to bring a rope. Hardeva Ram brought the rope and then Mewa Ram was tied with the legs of the cot. THEreafter, also the appellants inflicted lathi blows on his chest. THEy inflicted injury on his eyes and virtually damaged it. THE police rescued him. Chatru Ram has also supported the occurrence of the incident in this manner. Bhinwa Ram and Chatru Ram were at their house. THEy heard the cry of Mewa Ram reached the place of occurrence. THEy saw that the appellants were beating Mewa Ram by lathies and the latter had fallen on the ground. Bhinwa Ram intervened but the appellants also started beating him. THE witness when turn his face on the back side, he saw Roopa Ram, Lakha and Pooran Mal coming. Chatru Ram went to rescue his father, but, he was also beaten. Mewa Ram has dragged inside the house. Bhinwa Ram has become unconscious. Bhinwa Ram died after about six months of the incident. He remained unconscious for quite a long time in the hospital. Bhinwa Ram obviously could not be examined because he had expired.