RAM KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals have been preferred against the same judgment of the Sessions Judge, Jaipur, dated 22nd February 1978 whereby she convicted and sentenced each accused -appellant as under: Conviction Under Section Punishment304(2) r/w 149, IPC ... 5 years' rigorbus imprisonment;323/149, IPC ... 3 months' rigorous imprisonment;325/149, IPC ... 1 year's rigorous imprisonment;447, IPC ... 1 month's rigorous imprisonment; All the sentences were ordered to run concurrently.

(2.) THE State filed Sessions Case No. 112/74 against Ramkaran and others under Sections 302, 323, 325/149 and 447, IPC. The learned Sessions Judge acquitted the accused persons of offence under Section 302, [PC. She also acquitted accused Gopal and Ladu of all the charges; and convicted the rest of the accused persons and sentenced each of them as mentioned above.

(3.) THE brief facts of the case are that on 29th September, 1972, one Madho son of Ramkaran, lodged a report as P.S. Phagi, where in itwas alleged that he was resident of village Kishanpura, where they had their field, 'Karkodiwallah.' They had raised a 'doli' (boundry -wall) about a month back. On the day of incident, while he himself, his brother and his nephew were harvesting Bajra crop, they heard a noise from the side of 'Karkodiwallah' field. Thereupon, they ran towards that side. Reaching there, they saw that the boundary -wall at their field, had been demolished; and his (Madho's) elder -brother Shrilal, his father Ramkaran; and his mother Mst. Dhani were lying in the field and were being beaten by Ladhu, Ramkaran, Nathu, Hanu -man son of Ladu, Rameshwar, Bheru, Ramu, Suja, Chhotu son of Jaideo, Gopal Bakhtawar Shrawan, Ram Narain, Johri, Jagdish, Narain, Mst. Raja wife of Ladu, Mst. Mohari wife of Nathu and Mst. Panni wife of Ramkaran, with lathis and spears. When the complainant reached there, Johari and Hanuman gave him a lathi blow each. Ramlal and Hanuman were also beaten by those persons. Thereafter, they called Ramkaran Dhaniwala and his brother, who removed Shrilal his brother from there, where he was lying unconscious. The injured and the witnesses accompanied the complainant to police Station. The police on this report, registered a case under Sections 147, 148, 149, 447 and 307 IPC. The injured persons were then sent to the SMS Hospital, Jaipur for their medical treatment as the Medical Officer, Phagi, was not available on that date. Shrilal, later on, succumbed to his injuries at about 4 a.m. on 13th September, 1972. So, the case was then altered to that under Section 302, IPC.