KAJOR RAM & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellants, in the present Appeal, have challenged the impugned Judgment and Order dated 25.6.1999 in Sessions Case No. 6 of 1987 (State v. Kajor Ram & 3 Ors.) whereby they have been convicted and sentenced for offence under Sections 307, 307/34 and 323/34 of the Indian Penal Code (hereinafter referred to as 'I.P.C.1, for short)' as under;

(2.) All the sentences have been ordered to run concurrently.

(3.) The prosecution case, as surfaced, is that on 19.11.1986, a First Information Report was lodged at Police Station, Samdari. The author of F.I.R. Deva Ram S/o Shri Chela Ram alleged that on 18.11.1986, in the evening while he wanted to stack the cart load of wood in his 'Bada', Himta Ram objected and abused him, but he did not retaliate and reported the matter to his father Chela Ram, whereupon Chela Ram went to the house of Kajor Ram to protest, as a result, Kajor Ram got annoyed. In the meanwhile, the informant also reached there and asked his father to leave the place in order to avoid quarrel. While they were leaving the place, Kajor Ram and Himta Ram obstructed them. Ranchhor Ram and Thana Ram armed with lathis arrived and inflicted blows and one of the blows landed on the head of the Chela Ram, who fell down and became unconscious. Thana Ram inflicted a lathi blow on the back of the informant. Deva Ram raised hue and cry. Hearing the hue and cry, Asu Chaudhry and Smt. Teepu arrived at the spot, but the assailants made good their escape. On the receipt of the aforesaid report, an F.I.R. No. 118 of 1986 (Ex. P-6), was registered at Police Station, Samdari, for offence under Sections 307, 341, 323 read with Section 34 I.P.C. The medical reports of Chela Ram and Deva Ram were prepared at Primary Health Centre, Samdari. According to the injury report of Chela Ram (Ex. P-21), he received three injuries i.e., a lacerated wound, an abrasion and a contusion on his head. Deva Ram was also medically examined and according to his medico legal report, he received an abrasion on the back of scapula, a contus on above scapula and complained of pain around the right knee joint. The Government Enforcement Agency after a thorough investigation, submitted a charge-sheet.