BHANWARU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the judgment of the learned Sessions Judge, Merta dated 22 -4 -1976. I have heard arguments and perused the record.

(2.) The prosecution case in brief is that Poona Ram and Hari Ram are real brothers. The relations between the families of Poona Ram and Hari Ram were strained for sometime past. It is alleged that on 28.6.75 at about noon time in their village Dehru, Bhanwaru grand son of Hari Ram accompanied by his brother -in -law Chandra co -accused went to the 'Bada' of Poona Ram armed with lathi and Farsi and removed two bullocks belonging to Poona Ram, Mst. Suwati daughter of Poona Ram PW 2 and her mother deceased Jadav objected to the removal of their bullocks by the accused Bhanwaru and Chandru. The accused did not desist. Bhanwaru gave a Farsi blow to Mst. Suwati and Chandru gave a lathi blow to her. It is further alleged that Bhanwaru gave Farsi blow on the head of Mst. Jadav and also on the bead of Mst. Suwati. Tiku Ram PW 6 who is a 'Hall' of Poona Ram happened to reach on the scene of occurrence. Seeing him so coming the accused are alleged to have left the scene of occurrence.

(3.) Mst. Suwati upon medical examination was found to have sustained an incised wound on the head and two bruises; one on the left arm and another on the base of the right middle finger. The injury report was prepared by Dr. Mohammed Ibrahim PW 11. Mst. Jadav was also examined by the same medical officer, who found an incised wound with clean margins with a fracture on her left parietal region Mst. Jadav was then removed to Mahatma Gandhi Hospital, Jodhpur where the bed head ticket Ex P2 was prepared which contains an entry that she was assaulted with a lathi by someone yesterday. Trachea tommy was done but she died at 4 a.m. on 1.7.75 cue to respiratory failure. Her post mortem examination was conducted by Dr. P. Dayal PW 1. His report is Ex. P1. He found a stitched wound in the left parietal region and ill defined haemotoma and a fissured fracture of the middle cranial fossa. In his opinion, the cause of death was coma as a result of head injury. This incident was reported to the police and eventually both the accused persons came to be tried under Sec. 452, 394, 302, 323 and 324 IPC. The learned Sessions Judge by his impugned judgment however, convicted Chandru Ram under Ss. 447, 379, 324/34 and 323 IPC and granted him probation for good conduct for two years. He convicted appellant Bhanwaru Ram and sentenced him as follows: