RAM Vs. STATE

JUDGEMENT

(1.) THE prosecution story, in brief, is that on November 1, 1968, at about 8. 30 p. m. , Prabhu Narain P. W. 3, Gopal, P. W. 4, Radhey Shyam, P. W. 5, Mohan Lai, P. W. 6 and Ram Chander (deceased) were passing through Chaura Rasta, Jaipur City. On their taking a turn towards Tarkeshwarji's temple, some 8 to 10 persons confronted them near Jadiyon-ka-Rasta in front of the State Bank of Bikaner and Jaipur. There accused Bhairon prevented Ram Chander and others from proceeding ahead. In the meantime 7 or 8 other persons, including accused Madan, Shri Ram, Aziz, Jagdish and Gopal appeared on the spot. They were armed with sticks. Shri Ram assaulted Prabhu with a hockey-stick. That weapon was subsequently grabbed by Prabhu. Thereafter accused Gopal and Madan assaulted Gopal Lai Yadav P. W. 4. The latter sustained certain injuries. Then accused Aziz inflicted a lathi blow on Gopal's head. The victim fell down. Soon after Shri Ram waived his knife. He wanted to thrust it into Gopal's abdomen. Gopal, however, turned aside to ward off knife-injury. The knife, however, struck his thigh. Thereafter Ram Chander appeared on the spot. He told Shri Ram, "will you kill him"? This infuriated Shri Ram and he immediately gave a knife blow to Ram Chander as a result thereof the latter got an injury on his abdomen. Ram Chander fell down. He was first taken for first-aid to P. W. 2 Gopal Krishna, compounder of the private dispensary, Guru Pharmacy, Chaura Rasta, Jaipur. Gopal Krishna stitched his wound and on his advice the injured was taken to Sawai Mansingh Hospital, Jaipur, in a rickshaw. First information report of the occurrence was lodged with the police station, Manak Chowk, Jaipur, by Gopal Lai Yadav, P. W. 4, that very day at 10. 50 p. m. The police registered a case and took over investigation. Dr. S. M. Dugar, P. W. 1, Medical Jurist, S. M. S. Hospital, Jaipur, examined Ram Chander on November 1, 1968, at 11. 20 p. m. He had a stitched up wound \" X 1" towards the left of the umbilicus on the abdomen. The victim was unconscious. His pulse was 120 p. m. and his blood pressure was 78. systolic. Ram Chander had blood vomiting in the dispensary. Despite the best medical attention the victim breathed his last on November 4, 1968, at 7-15 p. m. His autopsy was conducted by Dr. Dugar, P. W. 1 on November 5, 1968, at 10 p. m. The Doctor found the following injuries on the person of the deceased:

(2.) DR. Dugar also examined P. W. 4 Gopal on November 1, 1968, at 11-30 p. m. He found 3 injuries, including a stab-wound 1" X 1/2" X H" on the posterior aspect of the left thigh. The injuries were simple in nature. Injuries Nos, 1 and 2 were caused by a blunt object and injury No. 3 was the result of the impact of a sharp-edged weapon. The injury report is marked Ex. P. 3.

(3.) THE same night the Doctor examined P. W. 6 Mohan Lai. He had one bruise 8" X 1/2", transversely placed on the right suprascapular region. The injury was simple and was caused by a hard blunt object.