LALLA AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated October 20, 1971 of the learned Additional Sessions Judge, Dholpur whereby he convicted Lalla, Ramesh and Gopal under Section 325 read with Section 34 IPC, and sentenced each of them to rigorous imprisonment for two years. The accused Ramesh was also convicted under Section 323 IPC for causing hurt to Balkishan and sentence to rigorous imprisonment for six months Both the sentences were ordered to run concurrently The other accused Devi Charan and Gulab who were tried along with them were acquitted of all the charges.

(2.) THE prosecution story in a nutshell, is that PW3 Balkishan wanted to set up a hotel on the open space outside his house. Devicharan (acquitted) accused who had, already been running a hotel in the vicinity was annoyed by P.W. 3 Balkishen's intention to set up a hotel. There had been verbal altercation between the two. On the morning of the date of the occurrence P.W. 12 Hotilal, brother in -law (loser) of Balkishen, went to Devicharan and tried to persuade him not to create a row and obstruct Balkisben from setting up a hotel in front of his house but the latter did not agree to this At about 2.30 p.m. on March 1, 1971 P.W. 3 Balkishen was sleeping in his house and P.W. 12 Hotilal went out to purchase "Bidi". when he was returning to the house of Balkishen, the five accused viz Lalla, Ramesh, Gulab, Gangaram and Gopal came in a "Riksha". All of them got down near the house of PW3 Balkishen. They were supplied iron rods and sticks by Devicharan. The accused Lalla was armed with an iron rod and the rest of them were armed with 'lathis'. All of them surrounded P.W. 12 Hotilal and belaboured him as a result of which he sustained six injuries at their hands. P.W 3 Balkishen ran from his house to save his brother -in -law Hotilal, but he was also belaboured and he sustained three injuries in the same occurrence The first information report of this occurrence was lodged at the Police Station, Kotwali. Dholpur at 3 p.m. A case under Section 147, 148, 149 and 307 IPC was registered against six accused persons (including the absconding accused Gangaram). PW12 Hotilal was clinically examined by PW 1 Dr. M.L. Maroo on March 1, 1971 at 2.40 p.m. and he found the following injuries on his person:

(3.) CONTUSED wound 1" x 1" x skin deep on the skull 4" from the left ear.