NORA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dated March 23. 1977, passed by the Additional Sessions Judge No. 2. Jodhpur, by which the learned Additional Sessions Judge convicted and sentenced accused Nora Ram for the offence under Section 302 I. P. C. and the remaining accused for the offence under section 323 I. P. C. and acquitted accused Bhala Ram of the offences he was charged with and tried.

(2.) THE incident, which led to the prosecution of the present accused-appellants as well as one Bhala Ram, took place on March 8, 1974, at about 4. 00 p. m. in village Pal. According to the prosecution, Balu Ram, Gokul Ram, Binja Ram, Balu Ram S/o Boraji, Chhela Ram, Pokar Ram and Keena Ram, all by caste Bhambhies started from the house of Balu Ram towards the house of his father. THEy were playing on a chung as it was the next day of Holi. THEy reached near the water-tap of Meghwalon-ka-bas in village Pal, where Kheta Ram, Nora Ram, Chhagna Ram,himmata Ram, Hasta, Bhala Ram, Chuna Ram, Mana Ram, Girdhari, Loona Ram, Naagji and Haala were sitting. Out of these persons, who were sitting there, Kheta Ram inflicted injury with a Lathi on the right side of the head of Keena Ram and Nora Ram, inflicted an injury by Lathi (Gedi) over the ear of Keena Ram. Girdhari, inflicted one injury on the leg of keena Ram. Nora Ram, inflicted one injury by a Dhariya on the head of Pokar Ram. Mana Ram, inflicted one injury by Lathi near the right eye of Pokar Ram. Pokar Ram and Keena Ram fell down after receiving the injuries. Nathiya, Gokul and Chhela Ram, also, received injuries by Lathis. Several persons assembled there and thereafter they took Keena Ram and Pokar Ram to Jodhpur Hospital, Jodhpur. THE cause of this incident, given in the F. I. R. , was on account of party-faction in the elections and the installation of a public tap in the Bas of Meghwals and the land dispute regarding the land of Looniya. THE report of this incident was registered at Police Station, Jhanwar, on March 8, 1974, at about 11. 30 p. m. on the basis of the statement of Balu Ram recorded by the Station House Officer, Police Station, Jhanwar, in village Pal.

(3.) PW 2 Binja Ram has stated that on March 8, 1974, at about 4. 00 p. m. , he, Pokar Ram, Keena Ram, Gokul Ram, Balu, Chhela Ram and Nathu were going in a Holi-gair. Keena Ram was having a Chang and Pokar Ram was having a 'jhinjhar' while all other were empty- handed. When they reached near the corner of his house, all the accused came there. Nora Ram was armed with a Dhariya and all other accused were armed with Lathis. Kheta Ram inflicted injury on the right side of the head of Keena Ram. Thereafter accused Nora Ram inflicted injury on the head of Keena Ram by the Dhariya. Keena Ram, after receiving these injuries, fell down and thereafter Girdhari inflicted injury by a Lathi on the leg of Keena Ram. Mana Ram and Nora Ram also, inflicted injuries on the head of Pokar Ram and thereafter all the accused started giving beatings to the members of the complainant party and the injured Pokar Ram, Nathiya, Gokul Ram and Chhela Ram. In cross-examination, he has admitted that all the accused were sitting near the place of the occurrence in the Chowk. The house of all the accused persons are situated in the Chowk. This witness has denied the presence of injuries on the persons of the accused and, also, stated that they did not give beating to any of the accused. This witness, also, implicated only accused Kheta Ram, Nora Ram, Girdhari and Mana Ram.