STATE OF RAJASTHAN Vs. BHARAT LAL

JUDGEMENT

(1.) Appellant-State has preferred leave to appeal aggrieved by the judgment and order dtd. 10/9/1985. Leave was accepted with regard to accused Ghisya, Ram Lal, Bharat Lal and Jagan. During the pendency of this appeal, accused respondents - Ghisya and Jagan have expired and now, the appeal survives only against accused respondents - Bharat Lal and Ram Lal.

(2.) Succinctly stated the facts of the present case are that a report was lodged by Ram Swaroop son of Shri Ratti Ram Gurjar on 29/6/1983 that at 1:30 PM when Ram Swaroop and Kedar were sowing their field bearing Khasra No.17, then Ghisya and from his family, Bharat Lal, Jagan Lal, Jiya, Ram Sahay, Ram Lal son of Jagan, Ram Ratan, Gangadhar, Ram Lal son of Ghisya, Prithvi Ram, Ramji Lal, Sugani, Jamburi, Prem, Kesar, Resham, Somoti wife of Jiya, Somoti wife of Gangadhar, Janki, Kanchan, Ramdhani, Kampuri, Rampati, Komari armed with lathis and gandasi came to Khasra No.17 and that he, Ram Swaroop and Kedar were surrounded from all sides and were attacked with the intention to kill them. In the alleged incident, Ram Swaroop sustained injuries and expired in the hospital. The Police thereafter registered a case for the offences under Ss. 147, 302, 302/149, 447, 447/149, 323, 324 and 325 of the Indian Penal Code (hereinafter referred to as 'the IPC', for short) and after due investigation filed a charge-sheet against 26 persons. As many as 24 witnesses were examined on behalf of the prosecution. Statement under Sec. 313 Cr.P.C. was recorded. The learned trial Court after hearing the parties, acquitted all the accused vide its judgment and order dtd. 10/9/1985, aggrieved by which, the appellant-State filed a leave to appeal and now, the present appeal survives against accused respondents - Bharat Lal and Ram Lal only.

(3.) It is contended by the counsel for the appellant - State that as many as 6 witnesses have specifically alleged that the accused respondents were armed with lathis and they gave blows to the deceased. Our attention has been drawn towards the statements of Ram Swaroop (PW-1), Kedar (PW-2), Smt. Gajari (PW-8), Smt. Mangali (PW-9), Mst. Dharmo (PW-10) and Smt. Dhapu (PW-11). It is contended that all these witnesses are injured witnesses and there was no reason for the Court below to disbelieve their statements wherein they have levelled specific allegations against accused Bharat Lal and Ram Lal, for causing injury on the head of the deceased with lathis. It is also contended by the counsel for the appellant - State that other than injured witnesses, there are other 4 witnesses i.e. Ram Sahay (PW-3), Ram Singh (PW-4), Prithvi Raj (PW-5) and Charan (PW-6), who have also stated that Bharat Lal and Ram Lal hit on the head of the deceased and therefore, prayer is made for conviction of the accused respondents.