BHAGIRATH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Pooran was convicted under section 307 Penal Code and under section 324 IPC, while appellants Ramji Lal and Bhagirath were convicted under sections 307/34 and 324/34 IPC. Each of the appellants was sentenced respectively to rigorous imprisonment for five years and rigorous imprisonment for six months for the said two offences. The sentences were directed to run concurrently.

(2.) The judgment of the learned Sessions Judge, Sri-Ganganagar by which the appellants were so convicted and sentenced, is dated 25-11-75 against which this appeal has been preferred. I have heard arguments and perused the record.

(3.) The prosecution case is that on 25-10-74, at about 5. p. m. Tejaram and his father Jodha Ram were beaten by Bhagirath accused and party. Kishore Kumar son of Ravta Ram Jat arranged a cart and carried the injured to the hospital. When he returned from the hospital at 10 p. m. to his house, he found.accused Pooran and Bhagirath standing outside his house abusing his family members. They threatened Kishore Kumar that since he and the members of his family have helped Teja Ram and Jodha Ram, they will also be dealt with. Thereupon, Kishore Kumar and party went to the police station, Sri Karanpur to give information of this incident. Bhagirath also went there. When Kishore Kumar and party were returning, Bhagirath is alleged to have followed them. It was then 11-30 p. m. when they came near the shop of Dr. Deshmitra, Ramjilal and Pooran came out. Bhagirath and Ramjilal caught the hands of Kishore Kumar and Pooran inflicted repeated knife blows in the chest and back of Kishore Kumar. Hearing the cries of Kishore Kumar, Bogu Ram, who was going ahead of him, came to his rescue, Pooran inflicted a knife blow on Bogu Ram as well. Kishore Kumar and Bogu Ram were taken to the hospital. On 26-10-74, Dr. S. K. Sharma sent information to the S.H.O. and Kishore Kumar's statement Ex. P 1 was recorded by Jai Narain A.S.I. at 3 p. m. On the basis of this statement, an F. I. R was prepared and the case came to be investigated.' After investigation, the police submitted a challan against Pooran, Ramjilal and Bhagirath under sections 307 and 324 Penal Code and 34 IPC. After trial the learned Sessions Judge, Sriganganagar convicted and sentenced them as aforesaid.