GOM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the Sessions Judge, Merta dated 24th Feb, 1977. By the judgment the learned Sessions Judge convicted all the appellants for the offences under section 307 read with 5. 34, IPC and sentenced them to 4 monthTs rigorous imprisonment and a fine of Rs. 50/- in default of payment of fine to further undergo one months rigorous imprisonment. They were also convicted for the offence under section 323 IPC and sentenced to undergo one months rigorous imprisonment Appellant Gom Singh was also convicted for the offence under section 325, IPC and sentenced to one years rigorous imprisonment and a fine of Rs. 50/- in default of payment of fine to further undergo one monthTs rigorous imprisonment.

(2.) Briefly stated the facts of the case giving rise to this appeal are as under: On 5-8-1976 Doongar Singh and Bhivan Singh went to the well of Ramsingh for fetching water on the she-camel through the field of Surjan Singh and Gom Singh. When they were returning back to the same field, accused Gom Singh inquired of them as to why they had passed through his field. Doongar Singh and Bhiavan assured that they would not do so in future. Despite that, Gom Singh gave a Jeli blow on the right fore-arm of Doongar Singh causing fracture of Ulna. Bhivan Singh ran away from that place. On hearing the cries of Doongar Singh his father Jatan Singh, his mother Gopal Kanwar and his sister Sayaar Kanwar reached the held of Gom Singh. On intervention, they were given a beating by Jeli by Gom Singh and with the handle of the kassi by Bhagwan Singh and Sardar Singh. All the injured persons were taken to Hospital at Losal, where PW 10 Dr. Bajrang Lal examined their injuries. On 8-8-76 Abhey Singh lodged a report at Police Station, Chitawa. As the police did not take action, an application was filed before the S. P. along with the X-Ray report. The application was sent to police station, Chitawa and a case was registered on 13-8-76 and investigation commenced.

(3.) Upon completion of necessary investigation charge sheet against the accused appellants was filed. They were then committed to the Court of Session Judge, Merta, who conducted the trial and held the appellants guilty for the aforesaid offences and sentenced them by the impugned judgment.