LAXMI NARAIN ALIAS LATOOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN an occurrence that took place on 29. 9. 1993 at village Delawas, whereas one person from the side of the complainant party namely Motiram lost his life, 20 others were injured. IN the same very occurrence, ten persons from the side of the appellants were injured. The only but significant question that arises for adjudication in the present case is as to whether the appellants caused death of one and injured 20 others in exercise of their right of private defence of person and property or that they constituted unlawful assembly and attacked the complainant party, thus committing various offences for which they were tried and held guilty.

(2.) PROSECUTION put 40 persons on trial out of whom whereas Laxmi Narayan @ Latoor has been held guilty for an offence u/s 302 IPC and sentenced to life, Ram Swaroop, Narsiram, Gyarsa, Ganga Ram and Punia @ Puniram have been held guilty for offence u/s 302 read with Sec. 149 IPC and sentenced likewise. All the appellants have also been held guilty and sentenced for various offences as fully detailed below. Accused Laxmi Narain @ Latoor and Ladu Ram U/s 302 IPC Imprisonment for life and a fine of Rs. 3, 000/-, in default of payment of fine, further RI for 2 months to each of them. Laxmi Narain @ Latoor, Ladu Ram, Ram Swaroop, Narsi Ram, Gyarsa, Gangaram and Punya @ Puniram. U/s 147 IPc One year Ri U/s 148 IPc One year Ri U/s 447 IPc 3 months' Ri U/s 427 IPc 6 months' Ri U/s 323 IPc 6 months' Ri U/s 325ipc One year's RI and a fine of Rs. 500/- in default of payment of fine, one month's RI. U/s 326 IPc 2 years' RI and a fine of Rs. 1000/-, in default of payment of fine, further RI for one month.

(3.) THE prosecution in its endeavour to bring home the offences against the appellants and the co-accused who have since been acquitted, examined Dr. B. L. Bhatia (PW-25) who conducted post mortem of the dead body of Motiram. THE doctor found the following injuries on the dead body of Moti Ram: " 1. One lacerated wound 5 x 1 1/2 cm Scalp bone deep covered with thick dark blood. 2. Stitched wound 1 1/4 cm long, on forehead above left eye due to which left eye was found bluish. 3. Stitched wound 1 1/2 cm long. 4 Contusion 1 3/4 x 1/2 cm. on right eye, lower and exterior part. "