RAMA & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated July 19, 1988 of the learned District & Sessions Judge, Jhalawar in Sessions Case No. 198/1987, whereby he convicted and sentenced the accused appellants, in the following manner:- <FRM>JUDGEMENT_57_LAWS(RAJ)10_19911.html</FRM> All the sentences were ordered to run concurrently.

(2.) Brief facts giving rise to this appeal are that one Shiv Lal arrived at police station. Dug at 10.30 p.m. on 12-9-1987 informing of the incident which took place on 19-9-1987 in between 7 and 8 p.m. in village-Mahudi Kheda. In the F.I R., eight persons were named as accused and on the basis of which, a case for offences under Sections 147, 148 307 and 149 Penal Code was registered. It was alleged in the F.I.R. that Shiv Lal alongwith his father-Kishan Lal, mother-Ghambir Bai and younger brother - Pura Lal were being returned from their well, then the accused persons named therein, came at the place of incident and started beating the complainant party. In this incident Shiv Lal (PW-8), Ghambhir Bai (PW-9) and Pura (PW-10) sustained injuries, besides deceased Kishanlal.

(3.) The case of the prosecution further is that deceased Kishan Lal succumbed to the injuries. Injury No. 1 has been shown as cause of death, by Dr. Ashok Tiwari, who conducted post mortem of the deceased. Injury No. 1 is assigned to appellant Rama S/o Uma by saying that he inflicted a 'gandassi' blow on the head of the deceased which proved as fatal. The case of the prosecution further is that all the accused appellants were armed with weapons. One of accused Lalu S/o Uma was armed with a gun but it is an admitted position that he did not use the same. Dr Ashok Tiwari (PW-3). Who appeared in witness box, proved injuries found on the persons of Ghambhir Bai, Shiv Lal and Pura, and also proved the injury inflicted by accused appellant Rama S/o Uma on the head of the deceased. As per the statement of Dr. Ashok Tiwari, deceased Kishan Lal sustained only five injuries. Two of the injuries were lacerated wound in nature and the other injures were either bruises or abraisons. He further stated that all the injuries except injury No. 1 sustained by the deceased were simple in nature.