KANWARA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) UNDISPUTED and admitted fact is that cartilaginous part of the nose of Kishna Ram PW 1 was completely chopped off from his face by Kanwara Ram accused at about 2.00 p m. of August 27, 1976 along with a part of the medium nasal septum by a sharp edged cutting instrument. Facts disputed, however, are that while according to Kishna Ram PW 1, when he was returning with his son Beerbal aged 4 years and the herd of his cattle after making the herd drink water in a 'nadi' (water pond) adjoining the public way leading from village Benan to village Rama Bas in Tehsil Bilara, district Jodhpur, the accused persons Kanwara Ram, Bhaga Ram and Kheeya Ram, all sons of Lixman Ram, came following each other, started beating him, dragged him to their field which is at a distance of about 40 foot steps from the public way, Bhaga Ram straightway asked the remaining accused persons to cut his nose, Bhagaram sat on his chest, Kheeyaram and Shamboora on his shoulders and the two ladies Misrai and Uchki on his both legs, Kanwararam played the leading role of cutting his nose by a knife, his hands had been tied with a leather string, Bhagaram brought 'akra' flowers, Kanwararam dropped the milk of 'akra' flowers in his both eyes and made him naked by untying the 'dhoti' which he was wearing and challenged Baboo Lal Bhambi PW 2 who had raised an alarm and who happened to see the incident from a distance of about 50 foot -steps while going from village Benan to village Ramra Bas to meet his sister, that he may also come if he wanted to intervene, the version of the defence, on the, other hand, is that Smt. Uchki wife of Bhagaram accused had gone from the field to the 'nadi' to fetch water, at that time Kishnaram PV 1 committed sexual intercourse with her which was seen by Shamboora alias Shimbhoo Ram Bawri who raised an alarm and thereupon Kanwararam accused came rushing to 'nadi' and seeing Kishnaram PW 1 committing the aforesaid nefarious act with Smt. Uchki, he was suddenly and gravely provoked and he immediately chopped of the nose of Kishnaram PW 1 by a 'kasiya' or 'dantla' and made Kishnaram run away leaving his ''pagarkhi' and 'dhoti' behind on the spot.

(2.) THE Judicial Magistrate, Bilara, by his judgment dated May 8, 1979 convicted all the. six accused persons and sentenced each of them to six' months' rigorous imprisonment for the offence under Section 148 I.P.C., two years rigorous imprisonment and a fine of Rs. 500/ -each for the offence under Section 326 read with Section 149 I.P.C. three months' rigorous imprisonment for the offence under Section 342 I.P.C. and three months rigorous imprisonment for the offence under Section 323 I.P.C. and in default of payment of the aforesaid amount of fine to further rigorous imprisonment of three months. Substantive sentences were to run concurrently.

(3.) BOTH the Judicial Magistrate, Bilara and the Additional Sessions Judge No. 2, Jodhpur have believed the testimony of the injured Kishnaram PW 1 and the eye -witness Baboo Lal PW 2 that on the day of the incident at about 2.00 p.m. while Kishnaram was returning with the herd of his cattle after drinking them water in the 'nadi' along with his minor son Birbal, the petitioner came on the public way and started beating Kishnaram. They then dragged Kishnaram to the field of Kanwararam. Bhagaram told that nose of Kishnaram may be chopped off. While Bhagaram sat on the chest of Kishna Ram Kheeyaram sat on his hands. Both the hands of Kishnaram had been tied by a leather string. Kanwararam petitioner chopped off the nose of Kishnaram by a knife, Dhoti which Kishnaram was wearing was untied and he was made naked. Baboo Lal PW 2 was at that time going from village Benan to village Ramra Bas to meet his sister and he saw the incident. Baboo Lal has fully supported the statement of Kishnaram PW 1. He has also deposed that when he raised an alarm, he was also threatened by Kanwararam petitioner to come and meet the same fate. The prosecution evidence of both these witnesses also find support from the medical evidence of Dr. P.G. Gandhi PW 9. Apart from the injury No. 1 mentioned in Ex. P 7 which relates to the suiting of cartilaginous part of the nose, there are several bruises on both the hips of Kishanaram which corroborate the prosecution theory that Kishna Ram was dragged from the public way to the field of Kanwararam. Ram Chandra PW 10 who investigated the case also seized the leather string and the 'dhoti' of Kishnaram from the field of Kanwararam under the seizure memo Ex. P 6. Thus, the incident of cutting of nose took place in the field of Kanwararam and not at the Nadi where Kishnaram had taken the herd of his cattle for the purposes of drinking dam water. On behalf of the petitioners, suggestion was put both to Kishnaram PW 1 and Baboo Lal PW 2 in cross -examination that Kishnaram was forcibly committing sexual inter course with Smt. Uchki near the Nadi and both of them emphatically denied the suggestion.