DEV RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a jail appeal by the accused Dev Ram against the judgment dated January 29, 1982 of the learned Sessions Judge, Doongarpur convicting and sentencing the accused -appellant as under: Sections Sentences Awarded 394 IPC 3 years' RI 324 IPC 1 year's RI 323 IPC 6 months' RI All the sentences were made to run concurrently.

(2.) BREIFLY stated the prosecution case is that at about 10 a.m. on 13.8.81, PW 1 Smt. Basanti was working in her field in village Sabala District Doongarpur. PW 5 Smt. Devki and one Smt. Kunkubai Came there. The accused came there and helped PW.1 Smt. Basanti in putting the grass heap on her head (of PW 1 Smt. Basanti). He thereafter went away. Smt. Basanti left the field to go to her house. When she had hardly covered some distance, the accused came from behind and gave a push to PW 1 Smt. Basanti. The grass heap fell down. The accused also fell down Smt. Basanti on the ground. He thereafter inflicted a number of injuries on the person of Smt. Basanti (PW.1) with a scythe (darati). PW.1 Smt. Basanti was wearing silver payjeb. The accused relieved her of the said ornament. He then made good his escape. PW.1 Smt. Basanti raised cries, hearing which Smt. Devki Smt. Narbda and Smt. Kunkubai came to her. She narrated the incident to them. PW.1 Smt. Basanti reached the Bus -stand, where she met PW.2 Chhaganlal, PW.3 Narendrakumar and others. On being asked, she also told them what had taken place with her. PW.2 Chhaganlal went to police station, Aspur and lodged the written report Ex.P/2 at about 3 p.m. on the same day. The police registered a case under Section 394, IPC and proceeded with the investigation. The accused Devram was arrested on 13.8.81. In consequence of the information furnished by him, the stolen articles were recovered from a field situate nearby the place of occurrence. At about 7.10 p.m. on 18.8.81 the injuries of PW 1 Basanti were examined by PW.6 Dr. Banwarilal Mishra, Medical Officer, Sulambhar. He found as many as seven injuries on her person. All the injuries were designated as simple. The five injuries were stated to have been caused by sharp edged weapon and the two injuries by blunt weapon. After the investigation was over, the police submitted a challan against the accused in the court of the learned Chief Judicial Magistrate, Doongarpur, who in his turn committed him to the court of Sessions Judge, Doongarpur to take trial. The learned Sessions Judge framed charges under Sections 307, 324, 323 and 394, IPC, against the accused. The accused pleaded not guilty and demanded the trial. During the trial, the prosecution examined 11 witnesses and produced some documents along with stolen ornaments. In defence, the accused adduced no evidence. According to him, he owed some money to P.W.2 Chhaganlal. Since he could not pay the money, P W 2 Chhaganlal fabricated this case against him. On the conclusion, of the trial, the learned Sessions Judge found no case under Section 307, IPC. He, however, held that the charges under other sections were fully established against the accused. The accused was consequently convicted and sentenced as mentioned above. Aggrieved against his convictions and sentences, the accused has filed this appeal.

(3.) IN assailing the conviction of the accused, the first contention raised by the learned Amicus Curiae is that there is no independent witness in this case. The entire prosecution case rests on the testimony of P.W.1 Smt. Basanti. The learned Sessions Judge was in error in placing implicit faith on her statement. It was argued that P.W.1 Smt. Basanti was not in a postiton to identify her assailant. In reply, it was argued by the learned Public Prosecutor that P.W.1 Smt. Basanti was an independent witness and there were no reasons to discredit her testimony. The accused was not known to her before the incident. As such, there was no possibility that she would falsely implicate him. It was argued that the accused had twice come to P.W.1 Smt. Basanti and she was, therefore, in a position to correctly identify her assailant. Moreover the accused was arrested on the same day of the occurrence. The accused was also seen running away from the place of occurrence by P.W.5 Smt. Devki.