BENA RAM AND ORS Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS revision petition has been preferred against the judgment dated 18.09.1995 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur in Criminal Appeal No.32/1995 partly allowing the appeal against the judgment of conviction and order of sentence dated 25.07.1995 passed by the learned Chief Judicial Magistrate, Jodhpur in Criminal Case No.52/1990 and the petitioners -accused were acquitted for the offences under Sections 324 and 324/149 IPC but their conviction and sentence for the offence under Section 458, 148 and 147 IPC was maintained.

(2.) THE brief facts of the case are that on 07.08.1989, Kana Ram submitted a written report at P.S. Jhanwar alleging therein that the daughter of Bagaram, viz., Radha got married with Rama for which a case was registered and Radha gave statement in favour of Rama due to which Bagaram developed enmity. On that day, Bagaram, Bachnaram, Udaram, Baringaram, Mangia, Karim Khan, Benaram, Raika and one bheel and bheel of Samdari came armed with lathi, dhariya, sword etc. in a jeep at about 1.00 a.m. in the night and inflicted injuries on Bhakar and Gopa by their respective weapons and also took away the jwellery of Sonki. On their raising hue and cry, Kumbh Singh, Ratan Singh and Vijaram intervened.

(3.) ON the basis of this report, an FIR No.68/1989 was registered at P.S. Jhanwar and investigation commenced. After investigation, the police filed chargesheet. Thereafter, the case was committed to the court of Sessions Judge, Jodhpur wherefrom the same was transferred to the court of learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur (hereinafter referred to as 'the learned trial court'). After hearing, charges for the offences under Sectinos 147, 148, 323/149, 324/149 and 458 IPC were framed against the petitioners -accused except petitioner -accused Basnaram. The petitioner -accused Basnaram was charged for the offences under Sections 147, 148, 458, 324, 324/149 and 323/149 IPC. The petitioner -accused denied the charges and claimed for trial. To substantiate the charges, the prosecution examined as many as 15 witnesses. The petitioners -accused were thereafter examined under Section 313 Cr.P.C. wherein they claimed the prosecution evidence as false and did not lead any evidence in defence.