NIKOORAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED appellant Nikoo Ram has been convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for three years and pay a fine of Rs. 500/-, in default 3 months' rigorous imprisonment by the judgment dated 24. 7. 80 passed by the Additional Sessions Judge No. 1 Hanumangarh.

(2.) THE facts as stated in the FIR Ex. P/4 lodged by Taru Ram are that on 22. 1. 79 his brother Kesra Ram had gone in 'barat' of his brother-in-law in Chak 13 Rohimunda and that when the 'barat' was taking dinner and talks were going on, Nikoo Ram picked up a 'ghotna' from there and all of a sudden inflicted a blow on the head of Kesra Ram. On this report, a case under Section 308 IPC was registered. THE police submitted challan after completion of the investigation. A charge under Section 307 IPC was framed against the accused. THE prosecution examined PW 1 Dr. Paras Jain, PW 2 Dr. Shankar Lal, PW 3 Dr. R. K. Gupta, PW 4 Kesra Ram, PW 5 Indraj, PW 6 Tulcha, PW 7 Taru Ram, PW 8 Khyali Ram and PW 9 Charan Singh. Accused in his statement recorded under Section 313, Cr. P. C. denied the correctness of the statements given by the witnesses. He stated that the witnesses have given false statement because of enmity. He examined no witness in defence. THE learned trial Judge after hearing the parties convicted the accused as above.

(3.) THUS, the learned trial court has rightly held that the accused had caused one injury on the head of Kesra Ram on 22. 1. 79.