AMRARAM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Bhilwara dated May 2, 1978 whereby the learned lower court has held accused Amra Ram guilty of the offence under section 326 read with section 34 I.P.C. and has sentenced him to 4 years rigorous imprisonment together, with a fine of Rs. 200.00 and in default of payment of fine to undergo 3 months rigorous imprisonment Accused Udai Ram has been held guilty of the offence under Sec. 325 read with Sec. 34 I.P.C. and Sec. 323 I.P.C. On the first count he has been sentenced to 4 years rigorous imprisonment together with a fine of Rs. 200 and in default to undergo 3 months rigorous imprisonment On the second count he has been sentenced with a fine of Rs. 200.00 and in default to undergo 3 months rigorous imprisonment. Accused Champalal too was convicted of the offence under section 323 I.P.C. but he has not preferred any appeal.

(2.) The facts necessary to the noticed for the disposal of this appeal briefly stated are that some enmity regarding the agricultural land was existing between Lehru injured and the accused. It was alleged that on Sept. 11, 1977 when Lehru accompanied by 2-3 more persons was returning to his house after grazing the she buffalows and reached near the house of Amra and Udai Ram he was availed by both of them along with Champalal and others. It is alleged that Udairam caught hold of him and Amra give a lathi blow on his leg. Thereafter he was dragged inside this pole and there also Udairam and Amra Ram gave beating to him. On hearing his cries Lehrus son Dev Kishan, his brother Narain and Lehru's wife Ghisi reached there. Dev Kishan was also given a beating by Udai ram and Champalal It is alleged that Badri, one of the sons of Lehru was sent by Narain to report the matter to the police, but because it was night time he remained in the way and in the morning accused Amraram himself reached Police Station, Gangapur and there he lodged a verbal report mentioning therein that some verbal exchange took place between his brother Udai ram, and Lehru Jat and in this some beating also took place and Lehru was lying in their pole. The report was vague and, therefore, P.W, 11 Kalyan Singh, S.H.O., Police Station Gangapur immediately proceeded to the village of the accused persons i. e. Kala-ka-khera where the occurrence had taken place. There at Kala-ka-khera Dev Kishan delivered a written report Ex P. 15 to the S.H.O., on the basis of which the investigations was undertake. Lehru's and Dev Kishan's injuries were got medically examined. Lehru received as many as 10 injuries on different parts of his body, out of 5 injuries were grievous and rest of 5 injuries were sample. On account of these injuries his left humerous bone, right ulna bone, 5th metacarpal bone and right little linger as also left tibia fibula bones got fractured. Dev Kishan & Kishan son of Lehru received 4 simple injuries on his person by blunt weapon. Alter the usual investigation a case against 7 accused persons was challenged in the court of Munsif and Judicial Magistrate, Gangapur under Sections 147, 307, 325, 342 and 149 I.P.C. All the seven accused persons were sent up for trial to the court of learned Session Judge, Bhilwara. The learned Sessions Judge charged the accused persons with the offence under Sec. 147, 307/149, 325/149, 342/149 and 325/149 I.P.C. The accused persons did not plead guilty and claimed trial, whereupon the prosecution examined as many as 11 witnesses. The Statements of accused persons were recorded under Sec. 313 Cr. P.C. The accused persons examined five witnesses in their defence. After hearing the parties the learned Sessions Judge decided the case as aforesaid. Aggrieved against this judgment these two accused persons Amra Ram and Udai Ram have preferred this appeal.

(3.) The learned lower court held that the participation of the accused Mst. Chunni wife of Amraram, Mst. Aji wife of Bhura and mother of Amra Ram and Kuka @ Kaniram, and Devilal is doubtful and therefore, it extended benefit of doubt to them and consequently acquitted them. It is held that on a closure scrutiny of the prosecution evidence it transpires that only Amra Ram and Udai Ram have given beating to Lahru. When Devkishan arrived on the spot, he was beaten by Udairam and Champalal alone and therefore, it has convicted and sentenced them as aforesaid. All the grievous injuries and simple injuries caused to Lehru were inflicted by Amra Ram and Udairam alone.