KASHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgement will dispose of the appeal filed by Kashi Ram assailing his conviction for offence under section 302, 325 and 323 IPC by impugned judgement dated 27.06.2008 and the revision petition filed by complainant-Kamlesh against the same judgement challenging acquittal of the accused-respondents for offences under section 147, 148, 149, 325 read with Section 149, 323 read with Section 149, 341 and 302 IPC and also seeking conviction of accused-respondents Ram Jeevan, Ram Niwas, Balu, Gopal, Madan Lal & Sheonarayan for graver offences for which they were charged.

(2.) The facts which are essential for deciding these matters are that complainant-Kamlesh S/o Radha Kishan submitted a written report at Police Station Tonk on 26.10.2006 at about 10.15 pm alleging that in the evening at about 8 o' clock on that day while he was sitting in the outer room (poly) of his house with his father Radha Kishan, accused Kashi Ram, who was having lakri in his hand, came there and started abusing his father. His father came out of the house and for bad him from doing so. Thereupon Kashi Ram, Badan, Gopal & Shivji attacked him with lakri and gandasi and caused fatal injuries. On hearing hue and cry of his father, this informant, Hanuman, Raju, Shankar, Banna Lal and Chhitar came there to intervene. On the other hand, Ram Jeevan, Sheoraj, Balu, Pappu, Ram Niwas, Sheonarain and Surendra, who were all armed with lakris came there from the side of accused Kashi Ram and started beating the informant-Kamlesh, Shankar, Raju and Hanuman. His father Radha Kishan became unconscious and fell down. Thereafter, Madan, Gopal and Sheoji also caused several injuries by lathis. Shankar, his uncle Chhitar and Banna Lal and other members of family intervened to save them or else the accused would have killed his father. The informant has brought his father to the hospital. The police on the basis of aforesaid written report, registered FIR no.206/06 for offence under section 143, 341, 323 & 307 IPC.

(3.) The injured Radha Kishan succumbed to the injuries on the same day and therefore offence under section 302 IPC was also added to the already registered FIR. The police after conclusion of the investigation filed charge sheet against the accused-appellant Kashi Ram and others under section 302, 147, 148, 323 & 325 IPC. On committal, the trial court framed charges against the accused-appellant for offence under Sections 148, 302, 325 IPC and alternatively 325 r/w 149, 323 alternatively 323 r/w 149 & 341 IPC. The accused denied the charges and claimed to be tried. The prosecution produced 23 witnesses and exhibited 42 documents. Defence produced 3 witnesses and exhibited 27 documents. The learned trial court on conclusion of the trial, convicted the accused-appellant Kashi Ram under Section 302 IPC and sentenced him to life imprisonment with fine of Rs. 5,000, in default whereof, he was to further undergo rigorous imprisonment of one year. He was also convicted for offence under Section 325 IPC and sentenced to rigorous imprisonment of two years with fine of Rs. 500, in default whereof, he was to further undergo rigorous imprisonment of 15 days, and also for offence under Section 323 IPC and sentenced to simple imprisonment of three months. All the sentences were ordered to run concurrently.