NARAYAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dtd. 27/7/1996 passed by the learned Additional Sessions Judge, Nagaur, Camp Didwana (hereinafter referred to as the 'Trial Court'), whereby the Trial Court though convicted both the accused persons namely, Narayan Ram and Chainaram for the offences punishable under Ss. 447, 325/34, 324/34, 323/34 of the Indian Penal Code (hereinafter referred to as the 'IPC'), but has given benefit of probation to them.

(2.) The relevant facts are that the complainant-Sanwant Ram (PW-4) had lodged a First Information Report on 10/6/1995 at 2.30 pm at Police Station Didwana, inter alia stating that in the morning at around 8.00 am, the accused person-Narayan Ram removed the Baad (thatched fence) and when the complainant challenged him, Narayan Ram hit the complainant with jelly, due to which, he suffered injury on the head and on right side of eyebrow while Chainaram hit him on the head with an axe. Whereafter, the father of the complainant approached the scene and he was also assaulted by an axe on his hand by the accused-Chainaram and then, both of them ran away.

(3.) After investigation, a charge-sheet was filed against the accused-Narayan Ram and Chainaram for the offences under Ss. 447, 324, 325/34, 323 and 307 of the IPC.