STATE OF RAJASTHAN Vs. KUMBHARAM AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 09.04.1996 passed by Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (for short 'the trial court' hereinafter) in Sessions Case No.54/1996, whereby the trial court has acquitted the accused-respondents Kumbharam, Hukmaram, Bharuram and Tikuram from the offences punishable under sections 147, 302, 324, 325/149, 323 IPC and also acquitted the accused-respondents - Rooparam, Momtaram and Birmaram from the offences punishable under sections 147, 302/149, 324/149, 325/149, 323/149 IPC.

(2.) Brief facts, necessary for disposal of this appeal, are that on 01.09.1994 at about 8:40 P.M., PW.6 Kheta Ram son of Shera Ram submitted a written report to the Station House Officer, Police Station, Osian, inter alia, alleging therein that today at about 10:00 A.M., his father Shera Ram took his brother Jetha Ram, who was ill, to Osian Hospital in the cart of Momtaram son of Meethu Ram Meghwal. Momtaram also accompanied them and in the evening at 6:00 P.M., while returning from Osian, when all of them reached the agricultural field of Birmaram, then suddenly Kumbharam, Hukmaram sons of Sonaram, Momtaram son of Birmaram, Tikuram son of Gajaram, Bharuram son of Andaram residents of Khabra Khurd, who ambushed themselves, attacked his father Sheraram with lathis and kassis. His father fell down from the cart then Birmaram son of Prabhuram and Rooparam having lathis also came there, they were also involved in the conspiracy. When the accused-persons were assaulting his father, then Momtaram and his brother Jetharam ran away from there, reached his house and informed him, therefore, he came to submit report. It is further stated in the complaint that the accused-persons assaulted his father with the intention to kill him and he is lying injured at the scene of crime. In the complaint, it is further stated that the reasons for assaulting his father was some dispute related to the engagement of daughter of Birdaram. In the complaint, it is further stated that on account of fear, he did not go to the scene of crime.

(3.) On receiving this report, the police has registered FIR No.126/1994 at Police Station, Osian against Kumbharam, Hukmaram both sons of Sonaram, Momtaram son of Birmaram, Tikuram son of Gajaram, Bharuram son of Andaram, Birmaram son of Prabhuram and Rooparam son of Gajaram for the offences punishable under sections 307, 324, 323, 147, 148, 149 IPC and started investigation. After investigation, the police has filed charge-sheet against the accused-respondents Kumbharam, Hukmaram, Rooparam, Tikuram, Bharuram and Momtaram for the offences punishable under sections 147, 148, 302, 323, 324 and 325 read with section 149 IPC and has also filed charge-sheet against the accused Birmaram for the offence punishable under sections 147, 148, 302, 323, 324 and 325 read with section 149 IPC. The case was later on committed to the Sessions Court, Jodhpur and the same was further transferred to the trial court. The trial court has framed charges against the accused-respondents Kumbharam, Bharuram and Tikuram for the offences punishable under sections 147, 302, 324, 325/149 and 323 IPC and framed the charges against the accused-respondents Roopraram, Momtraram and Birmaram for the offences punishable under sections 302/149, 324/149, 325/149 and 323/149 IPC. The accusedrespondents have denied the charges and claimed trial.