STATE OF RAJASTHAN AND GANESH RAM Vs. OTA

JUDGEMENT

(1.) BOTH the aforesaid appeals arise out of the same judgment of the learned Additional Sessions Judge, Jalore dated October 21, 1974, as such we are disposing of both the appeals by one common judgment.

(2.) A challan was filed against seven accused -persons viz., Ota, Ganesha, Pratapa, Lachhiya, Hukma, Geniya and Kapura. The learned trial court framed charges under Sections 147, 148, 302/149, 452, 323/149 and 120B IPC against accused Ota, Ganesha, Hukma, Geniya, Kapura and Lachhiya. The accused -Pratapa was charged under Sections 147, 148, 302/149 sad 120B IPC only. The learned Addl. Sessions Judge acquitted accused Hukma, Geniya, Kapura, Lachhiya and Pratapa. Accused Ota was convicted under Sections 323 IPC and sentenced to one year's rigorous imprisonment. Accused Ganesha was convicted under Section 304 part II, I.P.C. and sentenced to five years' rigorous imprisonment and a fine of Rs. 500/ -and in default D.B, Criminal Appeal Nos. 209 and 266 of 1975 -Decided on 11 -2 -1982 of payment to fine to suffer further imprisonment for six months. The above two accused -persons were acquitted of all the other charges. The State has filed Appeal No. 209 of 1975 against all the accused -persons and accused Ganesha has filed Jail Appeal No. 226 of 1975 against his conviction and sentence.

(3.) BRIEFLY , the case of the prosecution is that at about 9 PM on May 28, 1972, one Bhura resident of Dayalpura lodged an oral report in Police Station, Umedpura, which was reduced to writing as Ex P.I by S H.O. Police Station Umedpura. According to the prosecution case, as set up in the FIR, Was that one Narsa son of Bhuraji, resident of Dayalpura was the uncle of the complainant Bhoora. Mst. Hamana daughter of Narsa had been engaged with the accused Ganesha son of Ota and in exchange of this, the daughter of Ota had been married with Ganesha son of Narsa. Narsa and Ota had developed strained relations between themselves and hence, Narsa had refused to give his daughter Hamana in marriage to Ganesha son of Ota. At about 2. 30 PM Ota and his son Ganesha alongwith four other persons came in a Jeep on the Bera Nava of Narsa in order to take Mst. Hamana by force. Prosecution case further is that the accused -persons were armed with (sic)Iathies and first came towards the Bera and then approached near the house, where Narsa was living. Ganesha and two more persons had come forward and the remaining two persons stayed near the Jeep. At that time, Narsa alongwith his wife and others were sitting. Then all went into the house and closed the dour from inside, on the farm and seeing the Jeep, thereafter accused Ganesha and one of his companion jumped the thorn fencing and entered inside the house. They started crying that bring the girl otherwise the complainant party would be murdered. Meanwhile, Mst. Hamana went inside one of the rooms and concealed her presence. Accused Ota and his companions, as such, wanted to make a search of the girl and when Mst Hansi wife of Narsa obstructed them, the accused -persons raised a cry that Narsa should be killed and all the accused -persons started beating Narsa by lathies. Narsa fell down and became unconscious. The prosecution case further is that the accused -persons thought that Narsa was dead and as such, left Narsa and again started searching Mst. Hamana. The accused -persons, however, could not trace out Mst. Hamana and by that time, many other persons had collected, as such the accuse 1 -persons set in the jeep and ran away. Bhoora, then went to the Police Station and narrated the aforesaid incident. He then went to the spot and found that Narsa was in a serious condition and he was taken to the Hospital at Ahore. But since the Doctor was not there, deceased Narsa was taken to the Hospital at Jalore. In the mean while, Bhoora went to the Police Station Umedpura and lodged report Ex.P. 1. The police registered a case under Sections 452, 147, 148 and 149 and started investigation. On that very night, Narsa died at the Jalore Hospital and an information about this was sent to the S H.O., Umedpura and hence the case was altered under Sections 147, 148, 149, 324, 323 and 302 IPC. The Police after usual investigation filed a challan against all the seven accused -persons mentioned above. The charges were read over and explained to the accused -persons, who denied the guilt and claimed to be tried.