RAM NIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have preferred the instant appeal under Sec. 374(2) of the CrPC being aggrieved of the judgment dtd. 27/4/1994 passed by the learned Additional Sessions Judge, Churu in Sessions Case No.126/1992, whereby they have been convicted and sentenced as under :- <IMG>JUDGEMENT_106_LAWS(RAJ)9_2023_1.jpg</IMG>

(2.) It is reported that the appellant No.2 Manni Ram S/o Ganesha Ram has expired. In view of the above, the instant appeal is dismissed as abated to the extent of the appellant No.2.

(3.) Briefly stated, facts relevant and essential for disposal of the case are that on 30/1/1991 at 09.45 a.m. injured Guman Singh submitted a Parcha Bayan (Ex.P/1) to the Station House Officer, Police Station Rajgarh to the effect that in the morning at about 07.45 a.m., he and his brother-in-law were returning to home after attending natural call. When they reached in the lane ahead of the house of Bajrang Lal Jat, accused Jugram, Manni Ram, Rohitash and Ram Niwas came out of their house. Ram Niwas and Manni Ram were armed with axes, Jugram was having a stick and Rohitash was having a lathi. Jugram incited others to kill the complainant, upon which Ram Niwas acused an injury with axe on left side of his neck. Accused Manni Ram also gave an axe blow with an intention to kill him, which landed on wrist of right hand. Accused Jugram hit with a stick on the wrist of his left hand. The complainant and his brother-in-law cried out for help, upon which Bhagwana Ram and Karni Singh intervened.