STATE OF RAJASTHAN Vs. MEGHARAM

JUDGEMENT

(1.) The appellant State has filed an appeal under Sec. 378(iii) and (i) of the Cr.P.C. against the judgment dtd. 18/7/1991 passed by the District and Sessions Judge, Bikaner (for short 'the trial court') in Sessions Case No.46/89, whereby respondent Megharam was acquitted for the offences under Ss. 147, 148, 302 and 323/149 IPC and other respondents Ladhuram, Babulal, Munaram, Himmataram, Gangaram, Bhojaram, Kojaram, Bhomaram, Panaram and Magnaram were acquitted for the offences under Ss. 147, 148, 302/149 and 323/149 IPC.

(2.) Brief facts of the case are that one Bhikharam lodged a report (Exhibit-P/1) dtd. 20/3/1989 at Police Station Kolayat stating therein that on 21/3/1989 marriage of Govindram's son was going to be solemnized; however, on account of the enmity between Megharam's party and the complainant, he was forbidden to attend the marriage and the villagers called both the parties near the well on 20/3/1989 for settling their disputes. When the complainant's party, including Bhikharam Muknaram, Savantaram, Urjaram, Utmaram, Deeparam, Mohanram etc., reached the well, members of the accused party, namely Megharam, Bhomaram, Gangaram, Munaram, Babulal, Kojaram, Ladhuram, Magnaram, Bhojaram, Himmataram and Panaram were already standing there having Lathi, Bachiyan and Axe in their hands and attacked the complainant's party. Babulal inflicted an axe blow on the head of Bhikahram, and Megharam inflicted a lathi blow on the head of Sanvantaram. As a result, Savantaram became unconscious, and Deeparam, Urjaram, Muknaram, Utmaram and Mohanram also got injured in the incident.

(3.) On receiving the report (Exhibit-P/1), the police registered a case under Ss. 341, 323, 147, 148 and 149 I.P.C. and started investigation.