STATE OF RAJASTHAN Vs. CHATRA RAM

JUDGEMENT

(1.) Through this appeal State of Rajasthan has challenged the acquittal of 9 respondents by the learned Addl. Sessions Judge, Nagaur vide his judgment dated 30-4-1982 under Sections 147, 148, 302, 302/149, 307, 307/149, 323 and 324/34, IPC.

(2.) The case relates to an occurrence which took place on 5-10-1980 at 7 p.m. in village Chhila in which four persons received injuries. Phoosaram succumbed to injuries after some time. The FIR Ex.P/4 was lodged by Dula Ram (PW 5) at Police Station, Balaji wherein it was stated that when he along with Phoosa Ram, Pema Ram and Sona Ram were returning to their houses from the field of Pusa Ram, they were given beatings in the field of Jogidan by Chandra Ram, Narain Ram, Chatra Ram, Sheraram Birma Ram, Kishan Ram, Purkha Ram, Birma Ram and Mohan Ram. On this report a case under Sections 147, 148, 149, 307 and 323, IPC was registered in the police. The police obtained the injury reports of Pusa Ram, Sona Ram, Dula Ram and Pema Ram, inspected the site and interrogated the witnesses. On the death of Pusa Ram, Section 302, IPC was added. Autopsy of his body was held by Dr. P.S. Gehlot (PW 3) who prepared the post-mortem Report Ex. P/3 on 7-10 -1980. Accused were arrested and lathis were recovered at their instance. After the completion of the investigation, a challan was filed against three accused Chanda Ram, Narain Ram and Chatra Ram and the police submitted a report under Section 169, Cr.P.C. for the release of other 6 accused. However, the learned Magistrate took cognizance against remaining 6 accused and thereafter the case was committed.

(3.) The learned Sessions Judge framed charges under Sections 147/148, 307, 324 and 302, IPC. In the alternative charges under Sections 302/149, 307/149, 323, 324/149, IPC were also framed. All the accused pleaded not guilty. The prosecution examined 18 witnesses. Out of them PW 5 Dula Ram PW 6 Sona Ram and PW 8 Pema Ram are the injured persons. PW 2 Megha Ram and PW 7 Shera Ram depose to have seen the occurrence. PW 4 Narendra Kumar was the scribe of the FIR. PW 1 Narain Ram PW 10 Uma Ram, PW 13 Narayan Ram and PW 15 Mool Singh were associated by the police as Motbirs during investigation. PW 16 Narsingh Ram FC had taken articles of this case to the Forensic Science Laboratory, Jaipur. PW 12 Raghunath Singh, PW 17 Pooran Prakash and PW 18 Mohan Singh are the investigating officers. PW 3 Dr. P. S. Gehlot had performed post mortem examination of the body of Pusa Ram. PW 14 Dr. O.P. Khandelwal has examined the injuries of Pusa Ram, Sona Ram, Dula Ram and Pema Ram and had prepared the injury reports Exs. P/6, P/7, P/8 and P/9. Accused in their statements under Section 313, Cr.P.C. denied accusation. Three accused Chanda Ram, Narain Ram and Chatra Ram stated that they were attacked by the prosecution witnesses and, therefore, in the exercise of the right of private defence they had to inflict injuries to them. The other accused stated that they were not at the place of occurrence. Accused examined 11 witnesses in defence. Out of them DW 9 Narain Ram is the accused himself. Other witnesses have either deposed that they had seen the injuries of three accused persons or that the accused were seen by them going to the cattle fair. DW 10 Ladu Dan is the Patwari of the area. The learned Sessions Judge considered the entire evidence produced in the case and held that Pusa Ram had met homicidal death. He further, held that only three accused Chanda Ram, Narain Ram and Chatra Ram had taken part in the occurrence. According to him, the accused caused injuries to the members of the complainant party in exercise of the right of private defence. He, therefore, acquitted all the 9 accused.