KALUA AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of the learned Sessions Judge. Bharatpur dated 5th Sept., 1972, upholding the conviction and sentence awarded by the learned Munsiff Magistrate, Bayana against the accused petitioners vide his judgment dated 30-1-1971 in criminal case No. 111/1969.

(2.) Tersely speaking shorn of all unnecessary details, the prosecution case, as disclosed at the trial, is that accused Kalua, Bhagwandas, Pooran, Dhania and Gendi armed themselves with lathis formed an unlawful assembly with the common object to cause injury to PW 3 Mst. Resham. In prosecution of its common object, on 16-6-1969 at 11 PM all of them came together and asked PW 3 Mst. Resham to desist from putting the clay infront of her house. Mst. Resham PW 3 refused to oblige them. They got infuriated and pushed her aside. She ran for rescue inside her kitchen. All of the five accused followed her up the heels. Accused Bhagwandas and Dhania caught hold of her. Accused Gendi inflicted a blow on her right hand. Pooran inflicted blow on her head and Kalua gave push blow on her teeth. As a result of which her teeth fell out of her jaw. First Information Report of this occurrence was lodged at Police Station, Bayana by PW 2 Dhaniram on 16-6-1969 at 3.15 p.m. PW 3 Mst. Resham was clinically examined by PW 5 Dr. Bal Krishna Jemini on the same day at 1.30 p.m. The injury report is Ex. P. 2. Dr. Bal Krishna Jemini noted three injuries on her person.

(3.) The police after investigation submitted challan against the 5 accused including the two petitioners under sections 147, 452 and 323 Penal Code in the Court of Munsiff-Magistrate Bayana. The accused pleaded not guilty to the charge and prosecution examined six witnesses in support of their case out of whom PW 1 Ramjilal, PW 4 Dojiram are the eye witnesses of this occurrence, PW 3 Mst. Resham is the injured person, PW 6 Shyam Sunder is Investigating Officer of the case and PW 5 Bal Krishna Jemini is the doctor who clinically examined PW 3 Mst. Resham for her injuries. The accused persons in their statement recorded under section 342 Cr, P.C. denied their complicity in the crime and examined in their defence two witnesses : (1) DW 1 Sitaram and (2) DW 2 Jhama. The learned Munsiff-Magistrate found the defence witnesses unreliable. He placed reliance on the statements of PW 3 Mst. Resham, PW 1 Ramjilal, PW 4 Dojiram, PW 5 Dr. Bal Krishna Jemini and DW 1 Sitaram and convicted the accused of the charges framed against them and sentenced them as under:-