BALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Appeal under Sec. 374 (2) of the CrPC, the appellant has challenged the judgment dtd. 22/5/1996 passed by the learned Additional Sessions Judge, Bhilwara in Sessions Case No.11/1992, whereby the learned trial court has convicted him for the offence under Sec. 324 of the IPC and sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs.500.00 and in default of payment of fine, further to undergo imprisonment of two months.

(2.) None appears on behalf of the appellant to argue the matter Looking to the fact that the case is very old, in the interest of justice, Ms. Nikita Vaishnav, Advocate, is appointed as Amicus Curiae to assist the Court on behalf of the appellant under the Free Legal Aid Scheme of the Rajasthan State Legal Services Authority (RSLSA). Her fee shall be paid by the RSLSA in accordance with its rules. With her valuable assistance, the Court proceeded to adjudicate the appeal.

(3.) Briefly stated, the facts emerging from the record are that the incident in question took place on 18/1/1987 at about 8:30 8:45 AM near the shop of one Sindhi, situated close to the house of the injured witnesses at village Rayta. On hearing a commotion, PW-1 Rafique Mohammad came out of his house and saw his father PW-2 Fayyaz Mohammad being assaulted by the accused persons Balu, Amar Chand, Dhrup Singh, Balu's aunt and Balu's wife, who were allegedly armed with a knife, sticks and stones. It was alleged that accused Baloo inflicted knife blows on the head of PW-2 Fayyaz Mohammad, whereas accused Amar Chand and Dhrup Singh caused injuries to him with sticks, and the women accompanying them threw stones. When PW-1 Rafique tried to intervene, accused Balu allegedly bit him on his hand. PW-2 Fayyaz Mohammad fell to the ground due to the assault and became semi-conscious. PW-3 Rasheeda Begum also reached the spot and supported the version that the accused persons collectively assaulted her father Fayyaz Mohammad with sharp and blunt weapons. Thereafter, PW-1 Rafique, PW-2 Fayyaz and others proceeded towards the police outpost, but on the way they met police officials who took them to the hospital, where PW-2 Fayyaz Mohammad was admitted. Both PW-1 and PW-2 were medically examined, and multiple incised as well as blunt injuries were recorded. The police thereafter registered a case under Ss. 307, 324, 323, 147, 148 and 149 IPC, prepared the site plan, seized blood-stained clothes and the knife allegedly produced by Rafique, arrested several accused persons, and eventually filed the charge-sheet before the competent court.