GHEWAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned Sessions Judge, Pali dated 1.10.1990 whereby the learned Sessions Judge has held the accused Ghewar Ram guilty of the offences Under Sections 302 r/w Section 325 and 323 IPC. For the offence Under Section 302 IPC, he has been sentenced to imprisonment for life alongwith a fine of Rs. 500/ - and in default to undergo three months' RI. For the offence under Section 325 IPC, he has been sentenced to five years' RI alongwith a fine of Rs. 500/ - and in default to undergo three months' RI. For the offence under Section 323 IPC, he has been sentenced to one year's RI. It has been ordered that all the sentences shall run concurrently.

(2.) FACTS necessary to be noticed for the disposal of this appeal briefly stated are : that accused Ghewar Ram is the real nephew of deceased's husband Shri Mishra Ram. Ghewar Ram's father Hema Ram and Mishra Ram were real brothers. Mishra Ram died before about ten years of the occurrence leaving behind Smt. Lakudi and two sons Bagda Ram and Rama. Their fields are adjacent to each other. There is an opening in their fields which is locally called as 'Seria'. It is alleged that 'Seria' was opened by Smt. Nakudi which infuriated accused Ghewar Ram. He asked his aunt Smt. Lakudi to close that 'Seria'. She was busy in stiching some clothes and, therefore, she told that she will do it after she finishes job on her hands. It is alleged that thereafter Ghewar Ram went to his field and came back and asked Smt. Lakudi whether she has closed that 'Seria' and when she said that she has not done it so far, accused Ghewar Ram abused her and gave beating to her from a two pronged 'Jai'. Accused Ghewar Ram caused as many as nine external injuries on her body which have resulted in the fracture of 8th, 9th and 10th ribs. They have penetrated the liver spleen and the left lung and the lacerated wound which has resulted in internal haemorrhag which has resulted in dead of Smt. Lakudi. When here minor son Bagda Ram intervened, he too was given a beating. He received in all three injuries which have resulted in the fracture of frontal bone of the injured who was small child aged about ten to twelve years.

(3.) AFTER usual investigation, the case was challanged against the accused Ghewar Ram and he has been convicted and sentenced as aforesaid and hence this appeal.