MALURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three applications have been filed by the applicants under Sec. 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking suspension of following sentences awarded to them by the learned Sessions Judge No.1, Anoopgarh, District Sri Ganganagar (hereinafter referred to as 'trial court') vide judgment dtd. 12/2/2025 passed in Session Case No. 27/2005:-

(2.) The facts leading to lodging of the First Information Report (No. 164/2004) as narrated by the complainant - Ram Lal were that the applicants armed with lathis, Kasiya and axe (Kulhari) came to his dhani on 28/9/2004 at around 10:00 pm and assaulted him and his wife Kalawati, while they were sleeping. It was asserted in the FIR that the applicants Annaram, Omprakash and Udaram were having lathis in their hands, while Himmataram and Maluram were armed with axe and with the help of these weapons, they caused various injuries on the person including head of both the complainant and his wife Kalawati.

(3.) Mr. D.S. Thind and Mr. Suresh Nehra, learned counsel for the applicants at the outset submitted that there was dispute regarding share of the ancestral land between all the brothers and sisters; out of which six were on one side while Ram Lal was on other side. He contended that Ram Lal was quarrelsome by nature and has been demanding more land out of the ancestral property and though the incident took place out of sudden altercation near the water course that too in relation to their share of water, however, the police and the investigating officer have given wrong colour to the incident and protrayed the incident to have taken place in the 'dhani' of the complainant Ram Lal.