STATE OF RAJASTHAN Vs. BIRBAL RAM AND OTHERS

JUDGEMENT

(1.) Through this appeal under Sec. 378 Code Criminal Procedure State of Rajasthan has challenged the acquittal of respondents Birbal Ram, Rajendra, Krishanlal and Jitendra by the learned Sessions Judge, Sri Ganganagar vide Judgment dated 12.2.82 under Sec. 302, 307, 323, 302 read with Sec. 34 and 307 read with Sec. 34 Indian Penal Code.

(2.) On 30.4.81 at about 7 p.m. there was an incident in which deceased Chunni Ram and PWs Nanu Ram, Nand Ram, Satyanarayan, and Smt. Chandra and Shanti and Smt. Bodo (not examined) had sustained injuries. The injured and the deceased were taken to the hospital where Tej Singh, ASI PS Chunawat recorded the statement of injured Nanu Ram. In that statement Nanu Ram revealed that his father Chunni Ram was going to the 'Dhani' after alighting the bus and when he reached near the 'Dhani' of accused Birbal, Krishan, Rajendra and Jitendra gave beatings to his father telling that he often quarrelled over the water course (tIMl). They dragged his father in their Dhani' and gave beatings. He stated that at the time of occurrence Krishna had a club, Rajendra and Jitendra 'Batta' of a lathi and Birbal had a 'Jaffa'. He further stated that when he went there to save his father, he was also given beatings and so also Satyanarayan, Nand Ram, Chanda, Shanti, Sharda and Inder were given beatings. It was stated that it is on the intervention of Sukhram and Maniram that the accused stopped giving beatings. It was revealed that Chunni Ram died while on way to the hospital. On this statement a case under Sec. 302 and 307 of Indian Penal Code was registered. The police collected the injury reports of the injured persons and the post-mortem report of Chunni Ram, inspected the site, interrogated the witnesses and arrested the accused. After the completion of usual investigation, the police challaned them.

(3.) Charges under Sections 302, 307 and 323 Indian Penal Code were framed against all the 4 accused persons. Alternative charges under Sec. 302 read with Sec. 34 and 307 read with Sec. 34 Indian Penal Code were also framed. Accused pleaded not guilty. The prosecution examined PW 1 Nanu Ram, PW 2 Mst. Chanda, PW 3 Raji Ram, PW 4 Mani Ram, PW 5 Sukhram, PW 6 Satyanarayan, PW 7 Nand Ram, PW 8 Dr. Vijay Kumar, PW 9 Dr. Rajendra Kumar, PW 10 Dhanraj, PW 11 Jamnalal, PW 12 Dr. Gangaram, PW 13 Jagdish Chandra, SHO and PW 14 Taj Mohd. ASI. Accused in their statements under Sec. 313, Code Criminal Procedure denied the correctness of the prosecution story. Accused Birbal pleaded that he was not present at the place of occurrence. The other three accused admitted their presence at the place of occurrence. They further admitted that they had caused injuries to Chunni Ram and other persons. They set up a case that they had to cause injuries to the members of the complainant party in the exercise of their right of private defence. Accused did not examine any person in defence. The learned Sessions Judge heard the arguments of the learned counsel for the parties. He found that Chunni Ram's death was homicidal. He also found that Nand Ram, Nanu, Satyanarayan, Shanti, Bodo and Chanda had sustained injuries in the occurrence. He held that the accused had inflicted injuries to the members of the complainant party in the exercise of their right of private defence. He, therefore, acquitted all the accused respondents.