JHANDU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was the accused on the file of learned Additional Sessions Judge Rajgarh District Alwar bearing Sessions Case No. 18 2001. Learned Judge vide judgment dated June 13, 2003 convicted and sentenced the appellant as under:- U/s 302 IPC: To suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for fifteen days. U/s. 341 IPC: To suffer Rigorous Imprisonment for two months and fine of Rs. 200/-, in default to further suffer simple imprisonment for fifteen days.

(2.) TO prosecution case as unfolded during trial. . . . . . . that on February 11, 2001 at 3. 10 PM the informant Sawai Ram (PW. 5) went to the Police Station Raini with injured Jagdish and submitted written report with the averments that around 10-11 AM on the said day Jhandu Meena (appellant), Ramdhan and Megha were putting `balli' towards the well of the complainant party. The complainant party opposed this act and gathered middle men to persuade Jhandu, Ramdhan and Megha not to obstruct the well on the pursuation of middle men they agreed not to do so. After some time when the complainant party was passing in front of the house of Jhandu, Jhandu gave blow with Pharsi on the head of Jagdish. Interveners Budharam & Mukesh were also beaten up. Case under sections 147, 148, 323, 149, 341, and 307 IPC was registered and investigation commenced. During the pendency of investigation Jagdish died and case was converted into section 302 IPC. After usual investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge Rajgarh District Alwar. Charges under sections 148, 323, 341, 302 IPC were framed. The appellant denied the charges and claimed trial. The prosecution examined as many as 20 witnesses in support of its case. In the explanation under section 313 Cr. P. C. , the appellant claimed innocence. Appellant Jhandu examined himself in defence as DW. 1 and exhibited documents. The learned Trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. Seven other co-accused persons who faced trial along with appellant were Raghunath @ Raghuveer (father of appellant), Megha Ram, Ramdhan (Brothers of appellant), Prakash (son of appellant), Smt. Heera (wife of appellant), Smt. Hari (wife of Ramdhan) and Smt. Chhoti (wife of Megha Ram ). All these members of the appellant family were however acquitted.

(3.) FACTUAL situation as noticed by us may be summarised thus:- (1) Cross case was registered against the member of complainant party. Injuries sustained by members of the accused party have not be explained by the prosecution witnesses. (2) Deceased sustained one incised wound on the head. (3) The appellant is able to establish that he himself sustained contusions and abrasion, Raghunath (father of appellant) sustained three lacerated wounds. Prakash (son of appellant) received two contusions. Megha Ram (Brother of appellant) sustained four lacerated wounds, out of which one was on right parietal region. Smt. Heera (wife of appellant) received one lacerated wound on right parietal region. Smt. Hari Devi (Wife of Ramdhan) received lacerated wound on frontal region. Smt. Chhoti (Wife of Megha Ram) sustained one abrasion on right frontal region. (4) There was spontaneous fight between the parties.