KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision petition under Sec. 397 read with 401 Cr.P.C. has been preferred against the judgment dtd. 18/6/2007 passed by the learned Additional Sessions Judge, Didwana in Criminal Appeal No.14/2005, whereby the judgment dtd. 27/9/2005 passed by the learned Judicial Magistrate, First Class, Ladnu, in Criminal Original Case No. 228/2003 was modified to the extent that the default sentence of 10 days for each offence was reduced to 3 days and 7 days respectively for non-payment of fine for the offence under Sec. 323 and 325/34 IPC.

(2.) Succinctly stated, the facts of the case are that on 17/5/2003, complainant Ganga Ram (PW2) lodged a complaint (Ex.P-9) with Police Station, Jaswantgarh to the effect that at around 07:00 A.M., he had an altercation with one Hema Ram, who abused him while he was repairing a gap in the boundary fence in his agricultural field. Later, around 4:00 PM, when Ganga Ram was returning to the field then Hema Ram along with Kailash (petitioner), Bhagwana Ram, Narsi Lal and Lalu Ram arrived, and attacked his nephew Ramu Ram @ Sona Ram with sticks. When Ganga Ram tried to intervene, he was also pushed. On hearing his cries, Triloka Ram and Arjun Ram came and rescued Ramu Ram. As a result of assault, Ramu Ram sustained injuries on his head, arms and body along a scratch on his right-hand finger. The incident occurred on the common boundary of the agricultural fields of the parties and was witnessed by the women of the village.

(3.) Learned counsel for the petitioner vehemently contended that both the courts below committed grave error in convicting the petitioner. It was submitted that the prosecution failed to prove its case beyond reasonable doubt. The incident in question arose from a sudden quarrel over a pathway close to the agricultural fields of the two parties, and the role attributed to the petitioner is vague and omnibus in nature.