NANAG RAM AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 374 Cr.RC. arises out of the judgment and order dated 13.4.2001 passed by the Additional Sessions Judge No. 2, Jaipur District, Jaipur, whereby the learned trial Judge convicted and sentenced the appellants in the manner stated below : <FRM>JUDGEMENT_60_LAWS(RAJ)11_2003_1.html</FRM>

(2.) On 18.4 93 at 5.40 PM an FIR No. 54/93 (Ex.P1) came to be registered on the oral report of PW1 Jagdish S/o Ladhuram at Police Station Shivdaspura, Jaipur. Informant Jagdish informed the police that at 5.00 PM, while he was sitting at the Chabutara in front of his house, his neighbour injured Jagdish S/o Nanu Ram was busy in connection with laying foundation and raising construction and his son was helping the masons. Injured Jagdish went inside his house. In the mean-time, accused Nanagram, Chhajuram, Jagdish Narain S/o Ghasiram, Lala Ram, Hanuman, Babu and ladies of their families came at the spot and demolished the construction already raised. In the meanwhile injured Jagdish came out of his house and when he objected to the demolition of construction at the hands of accused, the accused persons belaboured injured Jagdish Narain and his son with lathies. Thereupon, he, his brother Gopal, Latif and Jai Narain etc. intervened and saved. Thereafter both the injured were taken to the hospital at Chaksu.

(3.) The police after having registered a case for offence under Sections 323, 447 and 147 vide FIR Ex.P1, inspected the place of incident and prepared site plan, Ex.P3 and arrested the accused persons. Pursuant to the information, Ex.P10 furnished by accused Jagdish, police recovered a hammer vide memo Ex.P6 and also prepared site plan, Ex.P7 of the place of recovery. Accused Chhaju Ram also furnished information Ex.P11 and pursuant to this information, police recovered a lathi vide memo Ex.P4.