KARNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Karna Ram and his wife Smt. Sita were tried for offences under sections 307, 302 and 302/34 of the IPC for having caused the death of one Bhanwaru and causing injuries to Bhanmarus wife when she tried to intervene. After trial wife of Karna Ram Smt. Sita was acquitted of the charge under section 302/34 IPC and Karna Ram was acquitted of the charge under section 307 IPC, but was convicted under sections 302 and 324 of the IPC. He was sentenced to undergo life imprisonment with Rs. 500/- as fine on the charge under section 302 and three months rigorous imprisonment on the charge under section 324 of the IPC. Karna Ram has come in this appeal against these convictions and sentences.

(2.) On 10-12-1992 at 11.20 a.m. Chela Ram Sb Deena Ram, brother of the accused lodged on FIR at police station Kuchera that at 10.00 a.m. on that date Sita W/0 Karna Ram was abusing Chela Rams children and wife standing in her own Bada. At that time Munna younger son of informant Chela Ram went out to ease himself, Sita caught hold of him and started beating him. Chela Rams wife went to the rescue of Munna, whereupon she was also abused and assaulted by Sita. On this, Chela RamTs son Bhanwaru who was inside the house came out hearing the noise and tried to intervene. Sita caught hold of him and Karna Ram who had come on the spot then took out a knife from his pocket and gave blow by it on the chest of Bhanwaru. On Bhanwarus shouting for help his wife Rukma went to his rescue, whereupon she was assaulted by Karna Ram by giving her knife blows. - Sita released Bhanwaru from her clutches and he-fell down. In the FIR Nimba Ram S/o Deena Ram. Ramdev Sb Udaram and Chela Rams son Munna were stated to be the eye witnesses.

(3.) In the Court PW-9 Chela Ram, the informant, turned hostile and gave a totally different story than what was stated by him in the FIR. He tried to show that the injuries received by Bhanwaru were because of a fall while chasing Karna Ram with a stick. However, PW- 2 Rukmani W /0 Chela Ram, child witness PW- 3 Munna Ram supported the prosecution. PW- 4 Ramdev and PW- 10 Limba Ram named in the F.I.R. as eye witnesses also turned hostile and did not support the prosecution case. PW- 12 Trilok Ram, PW- 13 Viram Ram, PW-14 Sukhram also turned hostile.