SAKA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) Cr.P.C. has been preferred claiming the following reliefs:-

(2.) Brief facts of the case, as the pleaded facts and a perusal of the record would reveal, are that on 5/11/1997, the statement of the victim Narayan Singh was recorded, wherein it was stated that on the said day at about 05:30 p.m., he was on his tractor along with Prem Singh and Pukhraj, and that Rata Ram and the present accused-appellants, Saka Ram and Varda Ram on their tractor approached and apprehended the victim, dragging him off his tractor onto the fields of one Pabu Singh. That Rata Ram and the accused-appellant Varda Ram subdued the victim, while the accused-appellant Saka Ram inflicted a serious injury on the victim's head with a 'kulhaadi' (Spade/Axe). It was also stated that Sakaram threatened the victim with his life. And that, when Prem Singh and other persons rushed to the spot, the accused persons fled the scene, after which he lost consciousness and fell to the ground. Thereafter, he was then taken by them on the tractor to village and then to the hospital in a jeep; which was later conveyed to him by Shaitan Singh, Jabarsingh and Lakhsingh. On the basis of such report, the police lodged an F.I.R. bearing No. 203/1997 on 5/11/1997 for the offences under Ss. 341, 324, 307 IPC against the aforementioned three accused persons.

(3.) Learned counsel for the appellants assailed the impugned judgment and submitted that the said judgment is bad in the eye of the law, as the alleged dispute between the accused-appellants and the victim was owing to payment of rent of a tractor, and that the rent was payable by the accused-appellant Varda Ram, who was the debtor, to the complainant, and that the version of the prosecution is called into question as it more likely that it was the complainant who instigated the accused-appellant which lead to the occurrence of the incident in question.