RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these revision petitions arise out of the judgment dated 1.9.73 of the learned Sessions Judge, Merta, passed in criminal appeal No. 56 of 1971 affirming the conviction recorded by the Sessions Judge, Merta, vide judgment dated 29 -5 -71 in Sessions case No. 5 of 1970. Both these revisions are, therefore, disposed of together by this single judgment. In revision No. 405 of 1973 the petitioners Gigaram and Magharam and in revision No. 413 of 1973 the petitioners are Surajaram and Ramuram sons of Kanaram. All the four petitioners were convicted for the offence under Section 147 I.P.C. and sentenced to one month's rigorous imprisonment and a fine of Rs. 51/ each, in default to undergo 15 days, rigorous imprisonment. They were also convicted for the offence under Section 325 read with Section 31 or Section 149 I.P.C. and were sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 200/ in default to undergo rigorous imprisonment for 2 months. Ramuram and Surajaram were also convicted for the offence under Section 323 [PC and each of them was sentenced to pay a tine of Rs. 75/ - in default to undergo 21 days, rigorous imprisonment. Ramu Ram was also convicted for the offence under Section 379 I.P.C. and was sentenced to pay a fine of Rs. 101/ - in default to undergo rigorous imprisonment for 5 months. Gigaram was also convicted for the offence under Section 326 I.P.C. and was sentenced to under go rigorous imprisonment for 2 years and to pay a fine of Rs. 300/ -, in default to undergo further rigorous imprisonment for three months. It may be mentioned that Ramuram was fined Rs. 500/ -for the offence under Section 379 I.P.C. by the Assistant Sessions Judge but this amount of fire was reduced to Rs. 101/ - by the learned Sessions Judge in appeal.

(2.) IT was alleged by the prosecution that one Mst. Lachuri was previous married to Nanuram brother of Gigaram but later on she went in Nata with Narainram PW 12 some 16 years back. It was said that on this ground the parties were on inimical terms. On the day of the occurrence i.e. 13/11/69 at about 7 A.M. Narainram PW12 one of injured, came to the house of his brother -in -law Mohan and Narainram. Mohan and Mst. Kanuri (Mohan's mother) were talking to each when the accused party duly armed with lathis and knives came there in order to murder Narainram and in pursuance there of they belaboured Narainram and when Mohan and Kanuri tried to rescue him they were also beaten. Incised wounds on the nose, lips and ear on the person of Narain were inflicted with knife by Gigaram As many as 35 injuries were caused to Narain while Mst. Kanuri received two injuries and Mohan received one. After the trial the petitioners were convicted by the Assistant Sessions Judge for the offences mentioned above and their convictions and sentences were affirmed by the learned Sessions Judge, Merta, with the modification that the amount of fine of Rs. 500/ - for the offence under Section 379 I.P.C. passed against Ramuram was reduced to that of Rs. 101/ -.

(3.) I have given my due consideration to the contentions of the learned Counsel for both the parties. As pointed above, the petitioners have served out a substantial portion of the sentence of imprisonment and they had been on bail from this Court for the last about 4 years. The occurrence took place on 13 -1 -69. It will not be desirable in the circumstances of the case to send the petitioners to jail again.