BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Additional Sessions Judge, Tonk, in Sessions Case No. 1 of 1970, convicting Rama, Bhawana, Birdha and Jagdish appellants under secs. 147/325, 149, 323 and 323/149, I. P. C. and sentencing each of them to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100/-, in default of payment of fine to suffer further rigorous imprisonment for 15 days on the first count, on the second to undergo four months' rigorous imprisonment and to pay a fine of Rs. 100/-, in default of payment of fine to further suffer rigorous imprisonment for 15 days. No sentence was awarded to each of these appellants under secs. 323 and 323 read with sec. 149, I. P. C. Both the sentences of imprisonment under secs. 147 and 325/149, I P. C. were ordered to run concurrently. The Additional Sessions Judge convicted Ranjeeta and Bhanwar Lal appellants also under secs. 147, 325 and 325/149, 323, and 323/149, I. P. C. and sentenced each of them to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100/-, in default of payment of fine to suffer rigorous imprisonment for 15 days on the first count, i. e. 147, I. P. C. , on the second count, i. e. under sec. 325, I. P. C. to undergo rigorous imprisonment for two years and to pay a fine of Rs. 100/-, in default of payment of fine to suffer further rigorous imprisonment for 15 days and on the third count, i. e. under sec. 325/149, I. P. C. to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-, and in default of payment of fine to further suffer rigorous imprisonment for 15 days. No sentence, however, was awarded to Ranjeeta and Bhanwar Lal under secs. 323 and 323/149, I. P. C. All the sentences awarded to them were ordered to run concurrently.

(2.) THE prosecution case against these appellants was that on 8 8-67 at about 10 a. m. they formed an unlawful assembly having a common object to beat Ramchandra Sakrama, Sanwalia and Bhoja and in prosecution of the said that common object Bhanwar Lal and Ranjeeta caused grievous hurts to Sakrama and other members inflicted simple injuries on the bodies of Sakrama, Ramchandra, Sanwaila and Bhoja, while the latter were cultivating their agricultural lands which were allotted to them by the Government in the year 1966. A report of this incident was lodged with the police at police station, Devli, by Ramchandra son of Jagga Mina on 8. 8. 1967 at 12 in noon. On the basis of the report, the Station House Officer, Devli, registered a criminal case under secs. 148,325, 323/149, I. P. C. and proceeded to make an investigation. During the course of investigation, the investigating-agency got the injured medically examined by Dr. Bhanjan Lal Mathur, who found the following injuries on the body Sakrama - (1) lacerated wound 2" x 1" x 1" five inches away from the pinna of the right side over the parietal region; (2) lacerated wound 1-1/2" x 1" x 3/4" over the lower l/3rd of the arm left side ; (3) fracture of the left humorous on the lower l/3rd of the arm ; (4) swelling of the size 4" x 4" over the 8th, 9th and 10th ribs right side; As the Doctor suspected injuries Nos. 1, 3 and 4 to be grievous, he advised X ray examination. Upon these injuries being X-rayed, it was found by the Radiologist that injuries Nos. 3 and 4 only were fractures. Sakrama was admitted in the hospital as his condition was serious. In the opinion of the Doctor injury No. 1 also was of a grievous nature because it endangered Sakrama's life and was sufficient in the ordinary course of nature to cause his death. THE Doctor examined Ramchandra also and detected the following five injuries on his body - (1) swelling 3" x 2" lower end of the radius and ulna. Fracture of the lower end of radius and ulna; (2) lacerated wound 1" x 1/2" x 1/4" over the left eye-brow; (3) swelling 2" x 3" on left thigh at the hip joint; (4) swelling 2" x 1-1/2" over the back of the left 7th and 8th ribs on posterior axillary line; (5) loose tooth. Out of these injuries, injury No. 1 was found to be a fracture upon X-ray examination. Dr. Bhajan Lal Mathur examined Sanwalia and Bhoja Ram also and found the following injuries on their persons - Sanwalia: (1) lacerated wound 1" x 1/2" x 1/4" over the frontal bone middle part; (2) lacerated wound 2" x 3/4" x 1/2" over the mid of right fore arm dorsal side; (3) swelling 2" x 1-1/2" over the left elbow joint; (4) swelling 3" x 2" over the 9th and 10th ribs right side back ; (5) abrasion 1" x 1/4" over the front of the ribs. Bhoja Ram : (1) Abrasion 1 x 1/4" over the left shoulder ; (2) swelling 2" x 1" over the left fore-arm; (3) swelling 3" x 1" over the right scapula back side ; All these injuries were simple and caused by blunt objects. THE Station House Officer collected other necessary evidence in the case and eventually submitted a charge-sheet against the appellants and one Nanu in the court of the Munsiff Magistrate, Tonk, under secs. 307, 148, 325 and 325 read with sec. 149, I. P. C. THE learned Magistrate conducted an inquiry, preparatory to commitment, and, upon finding a prima facie case, committed all the appellants to the court of the Additional Sessions Judge, Tonk, for trial, after framing necessary charges against each of them. THE learned Additional Sessions Judge tried the appellants and found them guilty in the manner stated above.

(3.) THE result of the above discussion is that this appeal is accepted, the convictions and sentences of the appellants, Rama, Bhawana, Birdha and Jagdish under sections 147, 325/149, 323 and 323/149, I. P. C. are set aside and they are acquitted of the said charges. Similarly the convictions and sentences of the appellants Ranjeeta and Bhanwar Lal under sections 147, 325 and 325/149, 323 and 323/149, I. P. C. are set aside and they are acquitted of the aforesaid charges. All the appellants are on bail. THEy need not surrender to their bail bonds, which are hereby cancelled. .