RAM CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants have preferred this appeal aggrieved by Judgment and Order dtd. 21/12/1994, whereby the Additional District & Sessions Judge Bayana, Bharatpur in Sessions Case No. 74 of 1991, has convicted and sentenced the accused appellants. Out of the five appellants, who have been convicted, appellants Ram Charan and Ramjilal have expired and the appeal now survives against appellants Maharaj Singh, Damo and Ramesh only. The accused- appellants Maharaj Singh, Damo and Ramesh were convicted and sentenced as under:-- Maharaj Singh:--

(2.) Succinctly stated the facts of the case are that an incident took place on 13/7/1991 between the accused side and the complainant side. FIR of the same was lodged by the complainant side on 15/7/1991 at 7.15 PM. Rameshwar- deceased expired on 14/7/1991. The cross FIR was lodged on 19/7/1991, in which challan was filed under Sec. 307 read with Ss. 149 and 452 IPC against the complainant party. After due investigation, Police filed charge-sheet against fourteen persons. Evidence of witnesses was recorded. As many as 14 witnesses were examined on behalf of the prosecution and 22 documents were exhibited. In defence, two witnesses were examined and 21 documents were exhibited. The Trial Court, after recording the evidence, has acquitted nine accused and has convicted five accused. Aggrieved by which, appellants have preferred this appeal. Out of five accused so convicted, Ram Charan and Ramjilal have expired and the present appeal survives only against three accused-appellants i.e. Maharaj Singh, Damo and Ramesh.

(3.) It is contended by Counsel for the appellants that cause of death was injury No. 1 which was assigned to Ram Charan. The Trial Court has erred in convicting Maharaj Singh for offence under Sec. 302 of IPC. It is contended that the injury assigned to Maharaj Singh was a blow with a stick on the head of the deceased but none of the witnesses, including the Doctor, has deposed that the injury caused by Maharaj Singh was dangerous to life or resulted into death of the deceased. It is contended that three persons from the accused side namely, Bhabhuti, Ram Charan and Damo received injuries and the injuries received by the accused side are not explained by the prosecution. It is contended that the complainant side was the aggressor and challan has been filed against them for offence under Sec. 307 read with Ss. 149 and 452 IPC which goes to show that the complainant side was the aggressor. It is also contended that the Police filed charge-sheet against fourteen persons, out of which nine have been acquitted which goes to show that the complainant side has falsely implicated the accused persons including the appellants. It is also contended that the dispute pertained to a farm land which was mortgaged by the accused side with the complainant and when they went with money to take back their farm land, dispute arose between the parties. It is also contended that eye-witnesses are all related witnesses. No one has given any explanation with regard to the injuries caused to the accused side. They have tried to change the place of occurrence.