POKAR RAM AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 29.09.1997 passed by Special Judge (SC/ST) Act, Merta in Sessions Case No.54/1996 (31/1994) convicting appellant No. 1 - Pokar Ram for offences under Sections 307, 147 and 323 Penal Code and sentencing him as under:- <FRM>JUDGEMENT_72_LAWS(RAJ)6_2016.html</FRM>

(2.) The facts in brief may be noticed thus : on 03.04.1994 at about 11:30 PM Ravi - PW-2 lodged an FIR at Police Station Makrana alleging therein that on 03.04.1994 at about 11:00 AM he along with some workers were working on the quarry of Teja Bawari (DW-1); when Pokar Ram along with Chelaram, Baluram, Nanuram and Ramsingh and four others came in his unnumbered jeep having lathi and farsi in their hands and asked them to stop the work; he was told not to quarrel and let the complainant call his father; he sent Parma Ram for calling his father, who arrived after 15-20 minutes and asked why the accused were quarrelling, but they attacked him by lathi and farsi and his father ran away, when Pokar Ram asked others to sit in the jeep and that they would kill Colonel and started the jeep and moved the jeep on his father; thereafter they ran away from the place; his father received grievous injuries on both hands and legs.

(3.) On the said report an FIR was registered under Sections 147, 148, 149, 307 and 323 IPC; after investigation challan was filed; on behalf of prosecution 8 witnesses were produced including PW-2 - Ravi, PW-3 - Bhagirath Singh (injured), PW-5 - Parma Ram and PW-6 - Dr. Man Singh; documentary evidence was also produced.