RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ramesh appellant No. 1, has been awarded life imprisonment under Section 302, I.P.C and one years rigorous imprisonment under Section 323 of the IPC. Diwan Singh, appellant No. 2 and Darbe, appellant No. 3, have been convicted under Section 323 of the IPC and sentenced to one years rigorous imprisonment. Bhag Singh and Sumer, the other co-accused persons have been acquitted by the Additional Sessions Judge, Bayana (Bharatpur).

(2.) Gyan Singh (Gyani), brother of deceased Lala Ram, lodged an F.I.R. on 14.2.1989 at about 2 p.m. It was stated that on 13.2.1989 at about 8 a.m. he alongwith his brother Lala Ram went to the well for irrigating their fields in which standing wheat crop was getting dried up. On the well, their engine as well as the engine of Darbe accused were installed. Darbe had been irrigating his fields for the last fifteen days. Lala Ram told Darbe to stop his engine and permit him to take water to his fields. On this, some trouble arose and exchange of hot words took place. In the meantime, Ramesh, Sumer, Diwan, Bhag Singh, Darbe and Puran came there armed with lathisT. Darbe gave a lathi blow on the elbow of Gyani and the second lathi blow was given on his back. All the accused persons be laboured his brother Lala Ram with lath is, who received it injuries on his head and hand. He became unconscious and fell down on the ground. The first lathi blow was given to him on his head by Ramesh.

(3.) On the hue and cry raised by Gyani, a large number of villagers gathered on the spot. Bhogi Ram, Raghuveer, Devi Ram, Amar Singh and others tried to intervene in the matter. Lala Ram, who had become unconscious, had been taken to Bayana Hospital in the tractor of Vishal Singh (P.W.1), the Sarpanch of village Panchayat Bajna. The doctor at Bayana Hospital seeing condition of Lala Ram referred the case to General Hospital, Bharatpur. He was taken there a admitted. He died the same day i.e. on 13th February, 1989 at about 9 p.m. The dead-body sent for postmortem. After the post-mort was done and cremation was over, the First Information Report was lodged on 14.2.1989 at about 2 p.m. at the police station Garhi Bajna.