MOTI @ NIJADA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The instant Criminal Appeal Under Sec. 374 Crimial P.C. is directed against the Judgment dated 13.2.1990 passed by the Additional Sessions Judge, Rajsamand in Sessions Case No. 8/89 whereby the appellant was convicted for offences under Sections 304 Part-II and 323 I.P.C. and punished with the sentence of 5 years R.l.

(3.) As per the brief facts of the case, an oral complaint was filed by the complainant Heera S/o Lalu Kalbeliya, resident of Sindeshar at Police Station Railmagara on 21.12.1988 at about 10.45 P.M. in the night in which the complainant PW-4 Heera Lal alleged that today at about 4.00 O'clock the accused Moti @ Nijada and Bheriya take his brother Balu to the Sideshar Indira Colony where in the evening at 5.00 O'clock Bheriya, Moti and Nanu assaulted him and his sister Kanku and niece Kailashi immediately rushed to Indira Colony for rescue and take back Balu when accused were beating him. At about 8.00 O'clock in the night when his brother Balu and Pokar were in the home again Bheriya, Naniya, Moti and Bhawariya came to the house of Balu and called him to come out from the home, at that time, his another brother Pokar came outside the house and tried to asked them not to make quarrel with Balu but the accused appellant Moti inflicted injury on his head and due to the said injury, Pokar fell down and other accused persons gave lathi blows upon his head. Due to the injuries inflicted upon Pokar, the blood come out from his head and other part of body and the accused persons left the place of occurrence. The complainant and his mother Noji, Sister Kanku, Niece Kailashi, Maternal-uncle lawara and maternal-sister Roopi came on spot, therefore, action may be taken against them.