(1.) The appeal No. 85/2002 has been filed by the accused appellant Mohan Ram against the decision of the Court of Additional Sessions Judge (Fast Track), Nagaur in Sessions Case No. 190/2001 (42/1999) dated 22.1.2002. By the judgment impugned, the learned trial Court has convicted and sentenced the accused appellant as under: <FRM>JUDGEMENT_61_LAWS(RAJ)10_2005.htm</FRM>
(2.) Alongwith Mohan Ram, five accused persons were tried by the trial Court in the case but accused Prema Ram, Jagdish, Hanuman Ram and Sunil were acquitted. However, accused Mohan Ram was convicted as aforesaid.
(3.) The prosecution was lodged on the basis of a written report submitted to the police station Shir Balaji by complainant Gopi Ram on 3.7.1999 at 9.45 PM. In the report, it was alleged inter alia that at about 7:30 PM accused persons came in group to the house and opened the door. They entered the house and met Gumana Ram. Accused Mohan Ram said that one of the enemies is he and after exhorting this, Mohan Ram started hitting Gumana Ram with stones. All the accused persons started pelting stones which resulted into injuries to him and Radha. Mohan Ram took away certain ornaments of Radha as well.