STATE OF RAJASTHAN Vs. HANSA RAM AND ORS.

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant -State against the judgment dated 25.08.1995 passed by Additional Sessions Judge, Bali (hereinafter referred to as the 'trial court') in Sessions Case No. 1/90, whereby the trial court has acquitted the respondent No. 4 - Mohanlal, whereas the accused -respondent No. 1 -Hansa Ram has been convicted for the offence punishable under Sec. 325 IPC; the respondent No. 2 - Ghishi W/o Hansa Ram and respondent No. 3 - Ghishi @ Mamta W/o Sohanlal have been convicted for the offence punishable under Sec. 323 IPC, however, the trial court has directed to release the respondent No. 2 Hansa Ram on probation for two years and the respondent Nos. 2 and 3 on probation for one year on furnishing the stipulated bail bonds.

(2.) Brief facts, necessary for the disposal of this appeal, are that on 16.10.1989 at about 10:45 AM, the SHO, Police Station, Sumerpur recorded the statement of Ruparam S/o Bhabhutaji resident of village Badgaon, wherein he stated that Shrawan son of accused - Hansa Ram resident of Sumerpur came to his house yesterday at about 04:00 PM and asked him to accompany to their house in Sumerpur, where Prakash S/o Ruparam was ill and he was supposed to do some Dora Mantra (Magical voodooism) and he stayed in the house of Hansa Ram that night. At about 03:00 AM Prakash died due to illness and after his death Mohan, who is a retired master and brother of Hansa Ram, Hansa Ram's daughter -in -law Gheesli, Hansa Ram's wife Ghisi and Hansa Ram's two daughters Jasiya and Leela and Hansa Ram himself had assaulted him with the lathis and thereafter thrown him out of their house at about 05:00 AM while saying that now he would die. At about 07:00 AM, he came to his house at Badgaon in rikshaw for which fare of Rs. 12/ - was paid by his wife. Thereafter, his brother Shantilal took him to Sheoganj Hospital as he received injuries on right side of his ribs, both shoulders, back of his head, both thighs, both hands, temple and on all his body. He further stated that in front of Hansa Ram's house, two persons belonging to Meena community brought a tempo and helped him in sitting in that tempo. He further stated that he had narrated the incident to his wife and his brother Shantilal and his brother took him hospital and got him admitted in the hospital for treatment, his turban, shoes and stick are lying in the house of Hansa Ram.

(3.) On the basis of the said complaint, the police had registered FIR No. 224/1989 at Police Station, Sumerpur dated 16.10.1989 at about 01:00 PM for the offences punishable under Ss. 147, 148, 149, 342, 307 and 323 IPC against Hansa Ram, Ghishi W/o Hansa Ram, Ghishi @ Mamta W/o Sohanlal, Mohanlal, Jasiya and Leela daughters of Hansa Ram. During the course of investigation, dying declaration (Ex. P/16) of injured Ruparam was also recorded by the Judicial Magistrate, Sumerpur on 16.10.1989 at about 11:20 AM. Injured Ruparam died during the course of treatment on 16.10.1989 itself and postmortem of his dead body was conducted on 17.10.1989. In the postmortem report, doctor opined that the deceased Ruparam died on account of multiple injuries involving vital organs and internal haemorrhage leading to the shock and death.