BALA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out the decision of the Court of learned Additional Sessions Judge, Ratangarh in Sessions Case No. 82/1994 dated 21.8.1999. On 8.5.1994 at about 2.30 P.M. complainant Pemaram presented himself before Police Station, Ratangarh and submitted a written report being Ex.P.-53. In the report it was stated that there are Contiguous houses of his brother Late Anaram's son Mohanram and Baluram they live there and there is only one courtyard of these two houses. The roof of both the house is common. There is an open space in front and in the back.

(2.) About a month before there was a division of lands. He had constructed a wall in terms of the compromise and by that Mohanram and Baluram were enraged. On fateful day he put a pole at the side of the backyard and this enraged them. At about 1.30 P.M. while his son Ramchandra was plucking Sangries by scaling the roof Mohanram desisted him from plucking 'Sangrics' on the ground that so far there had been no division of it and unless there is a division Sangries' should not be plucked. On which Mohanram armed with axe, accused Baluram armed with Gandasi, Ramkori armed with lathi came on the roof Mohanram gave a Kulhari' blow on Ramchandra. Ramchandra fell down and all the three accused persons started giving beating to him. On this wife of the complainant and daughter wanted to rescue him. The three accused persons stopped them and gave blows from axe, gandasi and stick. He rushed to the spot before he could intervene, his wife and daughter had been inflicted injuries. He was also assaulted.

(3.) While the quarrel was going on Kishnaram Jat Nanagram, Nanusingh, Hukram etc. came there and tried to rescue her. At that time his wife Banarasi succumbed to her injuries. He shifted Ramchandra and Kamla to the hospital.