BHAKHAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Farjand Ali, J, 1. By way of filing the instant Criminal Appeal under Sec. 374 of the CrPC, challenge has been made to the judgment dtd. 6/1/1994 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases, Jodhpur in Sessions Case No.110/1993, whereby the learned trial court convicted and sentenced the appellants as under :- <FRM>JUDGEMENT_32_LAWS(RAJ)7_2023_1.html</FRM>

(2.) Briefly stated, the facts of the case are that on 28/9/1993, complainant Narsinghram submitted a written report at the Police Station Mathania to the effect that on that day at 08.30 a.m. he received an information that cattle of Baburam Bishnoi were causing damage in his agriculture field. He alongwith Goparam, Dhokalram, Kanaram, Jetharam and Nimbaram went to the field and drove the cattle out of the field. Thereafter, while they were returning on Hari Singh's tractor, at 09.15 a.m. Baburam Bishnoi, his sons Chenaram, Bhakarram, Bagaram, Chenaram's wife Murgali Bai and Deeparam came running towards them armed with lathis, stopped them and started hurling caste related abuses. Then they started assaulting them with lathis, due to which he became unconscious. His companions brought him back to the village on motorcycle. On the basis of the aforesaid report, an FIR No.105/1993 for the offences under Ss. 341, 323 IPC and Sec. 3(1)(x) of the SC/ST Act came to be lodged at the Police Station Mathania. After usual investigation, a charge-sheet came to be submitted against the accused appellants under Ss. 341, 323 IPC and Sec. 3(1)(x) of the SC/ST Act in the Court of Judicial Magistrate, Osian from where the case was committed and transferred to the trial court.

(3.) The learned trial court framed charges against the appellant for the above offences and upon denial of guilt by the accused, commenced the trial. During the course of trial, as many as 9 witnesses were examined and various documents were exhibited. Thereafter, an explanation was sought from the accused- appellants under Sec. 313 Cr.P.C. One witness was produced in defence. After hearing the learned Public Prosecutor and the learned defence counsel and upon meticulous appreciation of the evidence, learned trial Judge has convicted the accused for offences under Sec. 323 IPC and Sec. 3(1)(x) of the SC/ST Act vide judgment dtd. 6/1/1994, which is under assail before this court in the instant appeal.