PAMMA RAM @ RAMLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Unsuccessful in his attempt to assail the judgment dated 31st of January, 2001 rendered by Judicial Magistrate (First Class) Sadulshahar (for short, 'learned trial Court') before the learned Additional District and Sessions Judge No. 2, Sriganganagar (for short, 'learned appellate Court'), petitioner has preferred this revision petition under Section 397 Cr.P.C. At the threshold, the learned trial Court convicted the petitioner for offences under Section 458, 323/34, 324/34 and 325/34 IPC and awarded foil owing sentences- <FRM>JUDGEMENT_127_LAWS(RAJ)6_2016_1.html</FRM>

(2.) Being aggrieved by judgment of learned trial Court, petitioner preferred an appeal under Section 374 Cr.P.C. before the learned appellate Court and the learned appellate Court, while affirming judgment of learned Court, dismissed the appeal.

(3.) In brief, facts of the case are that on 13.08.1997 at about 3:45 AM, a parcha bayan of complainant Sheyochand was recorded by Bhan Singh, ASI, Police Station, Sadulshahar at Govt. Hospital Sadulshahar. In the Parcha Bayan, it is divulged that there is estrangement between him and one Shri Sardara Ahir regarding a plot. In the night, when he was sleeping in his house constructed on the plot and his brother Menpal was sleeping adjacent to his house, at about 1:00 AM, Pappu S/o Sardara Ahir, Pammaram S/o Dararam along with two other persons armed with Ghandasi and lathis entered in his house. Pappu hit on his head by Ghandasi and Pamma Ram inflicted injuries to him by lathis. On hue and cry, his brother, Menpal, Prathviraj and some other persons came to scene of occurrence and therefore, the accused-persons ran away from the site. Thereafter, he was taken to hospital in a jeep of Harchand. On the basis of the parcha bayan, an FIR bearing No. 287/1997 for offences under Sections 458, 324, 34 I.P.C. was registered. After investigation, police submitted challan against the accused-persons for offences under Sections 458, 324, 323, 325/34 IPC. The charges were framed against the accused-persons and accused-persons denied all the charges. Before the learned trial Court, the prosecution examined ten witnesses and exhibited several documents. On conclusion of trial, the learned trial Court found the petitioner guilty of the offences under Sections 458, 323/34, 324/34, and 325/34 IPC and sentenced as aforesaid. Being aggrieved by the same, the petitioner preferred an appeal before the learned appellate Court and the learned appellate Court also affirmed the findings and conclusions of the learned trial Court. It is in that background that the petitioner has approached the Court.