KAPOORA AND ANR. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed by Kapoora and Jepha against the judgment of the Additional Sessions Judge, Sirohi, dated 6 -5 -1977 by which Kapoora was convicted under Section 325, of the Indian Penal Code and sentenced to under -go rigorous imprisonment for 3 months and to pay a fine of Rs.200/ in default of payment of fine to further suffer rigorous imprisonment for I month. Jepha, on the other hand, was convicted under Section 326. I.P.C. and sentenced to under -go rigorous imprisonment for 2 years and to pay a fine of Rs. 500/ in default of payment of fine to suffer further rigorous imprisonmet for a 2 months.

(2.) THE incident that led to the prosecution by the 2 appellants and one Ganga wife of Jepha may briefly be narrated as follows. On 9.4,76 at about 8 or 9 A.M. Manchha Ram was coming back to his house after passing the stool. As soon as he came infront of the gate of the house of Gorkha Jogi, he saw both the appellants standing there. At his sight, the appellants cried catch hold catch hold', thereupon Manchha Ram asked as to what was the matter. Jepha appellant then threw a stone at Manchha Ram which hit the latter on his back. Kapoora appellant brought a lathi from the house of Jepha and with it inflicted a blow on the left side of the of Manchha Ram Kapoora aimed another blow at the hand of Manchha Ram with the same lathi but the blow was warded off by Manchha Ram by raising his left hand The blow however, fell on his left hand and fractured. Kapoora then caused another blow to the right hand of Manchha Ram with the same lathi. Kapoora appellant thereafter cried 'bring Dhari', thereupon Jepha's wife Mst. Ganga brought one Dhari from her house. Jepha appellant sat on the chest of Manchha Ram and Kapoora instigated the former to cut of the legs of the later with the Dhari. Jepha thereupon came towards the legs of the Manchha Ram who atonce got up and cought hold of the Dharia. As a result of which Mancha Ram sustained injuries near the thumb of his hands. Jepha, how ever, succeeded in inflicting 3 blows on the left leg of Manchha Ram, as a result of which the leg was fractured. After some time the mother and brother's wife of Manchha Ram came to the place of occurrence and began to weep. Kapoora and Jepha ran away from there. The immediate cause of this incident was that Manchha Ram abused Jepha appellant, because later refused to pay of loan of Rs. 4/ -a day before incident which he had taken from Manchha Ram.

(3.) MANCHHA Ram injured was taken to for treatment of his injuries, at Sumerpur the Station House Officer recorded his dying declaration presumably because his condition was reported to be serious On the basis of the statement of Manchha Ram, the Station House Officer registered a criminal case under Sections 307, 327, 324, 323 read with Section 34, of the Indian Penal Code and took up usual investigation in to the matter Manchha Ram injured was got examined by Dr. Anand Kumar Purohit who found as many as 9 injuries on his body: