BHANI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment date 6-2-91 in sessions case No. 64/89, by the Addl. District and Sessions Judge, Raisinghnagar. The learned Judge has, by the impugned judgment, convicted the appellants under Sections 302/149 of the Penal Code and sentenced them of imprisonment for life. He also found them guilty under Section 148 of the Penal Code and sentenced them for one year's rigorous imprisonment. They were also sentenced for one year's rigorous imprisonment under Section 27 of the Arms Act. This order is challenged in this appeal.

(2.) The prosecution story briefly stated is that on 24-3-1989 at about 4 and 4.15 in the evening, the complainant was sitting in the medicine shop of Ramchandra, near the Bus Stand of village Ramsinghpur. The accused Bhani Ram and Purkha Ram were also sitting in the shop. Then Om Prakash and his brother Hansraj came to the shop and Bhani Ram and Purkha Ram left the shop. Bhani Ram signalled towards the bus stand and the other accused came in the shop and they challenged Om Prakash. Then Jugraj and Mohanlal were armed with 'gandasi' and Jessa Ram was armed with 'lathi', Bhani Ram and Purkha Ram took out their guns and they assaulted Om Prakash with the intention to kill, by 'gandasi' and 'lathi. Then Bhani Ram fired a shot which hit Om Prakash in the arm. Then Purkha Ram wanted to shoot but the gun was seized by the complaint who was hurt by the pellet. The Om Prakash tried to hide in the front portion of the shop and Mohan Lal, Jugraj and Jessa Ram started to assault him by 'gandasi' and 'lathi'. When the complainant tried to prevent them, he was also hit on the right arm. Hansraj, another brother of Om Prakash also tried to save Om Prakash and stated shouting, on which accused Krishna and accused Rajiram who were standing outside the shop dragged Hansraj out of the shop. The assault took place because of the rivalry in Panchayat Elections. Om Prakash who was in serious condition was removed to hospital by Hansraj in a tractor.

(3.) The First Information Report, was, therefore, lodged at 6.00 P.M. on 24th March, '89 by Brij Lal PW/1.