RAMNARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE abovementioned two appeals are being decided by this common judgment as in both of them common questions of facts and law are involved and both of them have been preferred against the same judgment and order dated 7.9.2001 passed by the learned Addl. Sessions Judge (Fast Track), Bikaner in Sessions Case No. 24/2001.

(2.) IT may be stated here that in that Sessions Case No. 24/2001, nine accused persons were tried and out of nine accused persons, the learned Addl. Sessions Judge (Fast Track), Bikaner through impugned judgment and order dated 7.9.2001 convicted and sentenced the four accused persons, namely, Ramnarayan, Banwari, Mohanlal and Bastiram (accused appellants of appeal No. 798/2001) in the following manner:- Name of accused appellants convicted under section 1. Banwari 2. Bastiram 302, 302/34 IPC Life Imprisonment & fine of Rs. 1500/-, in default of payment of fine, to further undergo two months' RI. 307/34 IPC Five years' RI and fine of Rs. 500/-, in default of payment of fine, to further undergo one month RI. 3.Mohanlal 4.Ramnarayan 302/34 IPC Life Imprisonment & fine of Rs. 1500/-, in default of payment of fine, to further undergo two months' RI. 307, 307/34 IPC Five years' RI and fine of Rs. 500/-, in default of payment of fine, to further undergo one month RI. All the above substantive sentences were ordered to run concurrently. IT may further be stated here that by the same judgment and order, the learned Addl. Sessions Judge (Fast Track) acquitted the above four accused appellants of appeal No. 798/2001 for the offence under sections 148, 341, 323, 323/149, 324, 324/149 IPC and he also acquitted accused appellants Ramnarayan for the offence under section 27 of the Indian Arms Act and accused appellant Banwari for the offence under section 25 of the Indian Arms Act. IT may further be stated here that by the same judgment and order, the learned Addl. Sessions Judge (Fast Track) acquitted the remaining five accused persons, namely, Rampratap, Bhagwanaram, Mangilal, Ramjus and Hariram (accused respondents of appeal No. 528/2002) of all the charges framed against them i.e. for the offence under sections 148, 323, 323/149, 324, 324/149, 341, 307/149, 302/149 IPC. Against acquittal of these five accused persons, the State of Rajasthan has preferred appeal No. 528/2002. D.B. Criminal Appeal No. 798/2001

(3.) BEFORE proceeding further, we would like to discuss first the medical evidence. Injuries found on the person of injured Rajaram, PW10 (8). PW16 Dr. G.L. Jaipal in his statement recorded in Court has stated that on 20.5.1995 he was Medical Jurist in P.B.M. Hospital, Bikaner and on that day, he medically examined injured Rajaram (PW10) and found the following injuries on his person:- "(1) ?G.S. wound 0.8x0.8cmx?deep on left leg lower 1/4 medially. (2) ?G.S. wound 0.8x0.8cmx?deep on left leg lower 1/3 posteriorly (12cm above the heel). (3) ?G.S. wound 0.6x0.6cmx?deep on left ankle joint heel posteriorly."