BHANWARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the accused-appellant Bhanwaria being aggrieved by the judgment and order dated 17.8.1988 passed by learned District and Sessions Judge, Pratapgarh ("the trial court") in Sessions Case No. 9/1985-State Vs. Nanuram & Ors., in which the learned trial court has convicted the accused-appellant for the offence under Section 307 IPC and has sentenced him to undergo 4 years' rigorous imprisonment. Brief facts of the incident are that on an oral information Ex. P-1 received from the Medical Officer, Bhadesar on 18.10.1984 at Police Station, Bhadesar to the effect that an injured person, who has been assaulted, is brought to the hospital for treatment, the concerned ASI along with squad reached to the hospital immediately and found that injured person Badri was being provided treatment in an unconscious condition and other injured person namely Jassa who was also assaulted, was standing nearby Badri. On being inquired, injured Jassa told that he along with Badri were going to well from home on a Bullock-Cart which was being driven by him (Jassa) and Badri was sitting behind therein. On the way, Nanuram, present accused-appellant Bhanwaria and Uda, all these three persons, stopped the Bullock-Cart and started beating him(Jassa) and Badri by Khuntli which was put out from the Cart. Nanuram and Bhanwaria gave one blow of Khuntli each to Badri, thereby, he became unconscious and fell in the Cart and Nanuram hit Jassa on his knee. On the spot, one Bijal and Baksu intervened and rescued them and thereafter Badri was brought in the hospital in an unconscious condition. It was also informed that the assault took place on account of the ongoing vengeance regarding the use of common Beed between Jassa and the accused persons. While narrating these facts, on 18.10.1984, an oral information report Ex.P-1 was recorded, whereupon, an First Information Report No. 154/1984 for the offences under Sections 341, 323, 307/34 IPC was registered at Police Station, Bhadesar and the investigation commenced. The injured Badri died during the investigation, therefore, the offence under Section 302 IPC was converted instead of 307 IPC. After completion of investigation, the police filed the charge sheet for the offences under Section 302, 341, 323/34 IPC against the accused persons Nanuram, Bhanwaria and Uda before the Magistrate Court, from where, the matter was committed to the Court of Sessions. (trial court).

(2.) The learned trial court after hearing the arguments on charge and going into the challan papers, framed the charges against the appellant with other co-accused persons for the offences under Sections 302/34, 323/34 and 341 IPC, which were read over and explained to them. The accused persons denied the charges and claimed trial. In support of the prosecution case, total 14 witnesses were produced and examined in the trial court. In the light of the evidence produced by the prosecution and recorded by the trial court, the accused persons were examined under Section 313 Cr.P.C., in which, they stated that the testimony of the prosecution witnesses is false and they have been falsely implicated in the case. In defence, the accused persons want to produce the defence evidence, but nobody appeared on behalf of the accused persons and thus the defence evidence was closed.

(3.) The learned trial court, after hearing both the parties for final arguments, passed the judgment and order impugned and acquitted the accused Udiya from all the charges and also while acquitting the accused-appellant Bhanwaria and Nanuram from the offences under Sections 302/34, 323/34 and Section 341 IPC, convicted the appellant Bhanwaria for the offence under Section 307 IPC and accused Nanuram for the offences under Sections 307 and 323 IPC and sentenced both the accused Bhanwaria and Nanuram to undergo 4 years' rigorous imprisonment under Section 307 IPC, and under Section 323 IPC, the accused Nanuram has been sentenced to undergo 3 months' rigorous imprisonment. Hence this appeal has been preferred by the accused-appellant Bhanwaria before this Court challenging the judgment and order passed by the learned trial court for convicting and sentencing him as aforesaid.