RAM SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by seven accused-appellants is directed against the judgment of the Additional Sessions Judge, Alwar, dated Jan. 30, 1980. The learned Additional Sessions Judge convicted and sentenced the accused-appellants as under: <FRM>JUDGEMENT_58_LAWS(RAJ)3_1983(1).html</FRM>

(2.) The prosecution case in brief is that Prabhati, P.W. 1 and his nephew Shame Singh, P.W. 2, had gone to village Nagli Patliya on May 9, 1979. On that day at about 121 P.M. in the noon when they were taking meals in the father-in-laws' house of Prabhati, a quarrell took place between the women folk and there was exchange of abusive language. Prabhati on this told the women folk not to fight in the presence of the relatives and to fight after they had dispersed. After sometime Sher Singh (accused), Girdhari, Shees Ram, Girdhari son of Sahiba and Karan Singh (accused) came armed with lathis and started burling abuses. Soon there after Ram Singh (accused), Ameela, Sibbu, Sukha and Hari Singh (accused) also came on the spot. Ram Singh had a Farsi in his hand and the others had lathis. As soon as these persons came, Sher Singh (accused) told to beat the complainant party. At this Ram Singh (accused) inflicted a Fursi blow on the head of Kanhaiya (since deceased) and Sher Singh (accused) inflicted a lathi blow. Kanhaiya fell down due to injuries. When Prabhati wanted to intervene and rescue the complainant party then Hari Singh (accused), Karan Singh (accused) and Girdhari beat him and inflicted injuries on his head, left hand, waist and wrist. Ram Singh also 0 inflicted a blow by Fursi on the finger of right hand of Shame Singh. Thereafter Manggu and Chhitar (accused) also came on the spot and they also inflicted lath, blows on Shame Singh. Thereafter when Mst. Murti, sister-in-law of Prabbati wanted to rescue Shame Singh than Mst. Brahma and Ramrati (accused-appellants) inflicted injuries on Mst. Murti by lathis. On hearing hue and cry Sundaram Nambardar and Boden Goojar also came on the spot and intervened in the fight. According to the prosecution fight took place on account of litigation of certain land in between the accused Ram Singh and Prabhati's father-in-law, Kanhaiya. As the condition of Kanhaiya was serious as such he was taken to the hospital. On an oral statement (Ex. D. 1) of Prabhati FIR (Ex. P. 38) was written at police station, Kherthal on May 10, 1979 at 110 A. M. The injured persons were got clinically examined on May 9, 1979 by Dr. Amar Nath Gupta, PW 5, Medical Officer-in charge Government Dispensary, Kherthal at II PM. Two lacerated wounds, five bruises were found on the body of Prabhati. Two lacerated wounds, two bruises and one incised wound were found on the body of Shame Singh. Two lacerated wound sandly four bruises were found on Mst. Murti and following two injuries were found of the body of Kanhaiya :

(3.) According to the Doctor injury No. 1 of Kanhaiya was suspected to be grievous and X-ray was advised. Patient was unconscious and his condition was serious. Kanhaiya as such was referred for treatment to General Hospital, Alwar. Kanhaiya subsequently died on May 15, 1979 at General Hospital, Alwar. On autopsy conducted by Dr. P. S. Agrawal, PW. 6, following external and internal injuries ;ere found on the body of Kanhaiya : External Injuries ;