RAM KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed under Section 374, Cr. P.C. by the appellant against the judgment and order dated 21-7-94 passed by the Addl. Sessions Judge, Nagaur in Sessions Case No. 10/94.

(2.) Briefly stated, the prosecution story giving rise to the present appeal is that PW-7 Kesav Das (Kesa Ram), who is brother of injured PW-11 Nenu Ram lodged verbal report with the police station, Mundwa on 22-4-93 at 6.15 p.m. alleging that the accused (appellant). Ram Kishan was inimical to him for about last four years and, as a result, there were number of litigations pending in various Courts between the parties. On 22-4-96 itself at about 5 p.m. he along with his brother PW-11 Nenu Ram, while returning from Nagaur after having purchased goods, alighted from the bus at Balanda and had hardly covered a distance of 10 to 15 paces from the border of Balanda, accused Ram Kishan and his sons Kailash and Om Prakash suddenly appeared on the scene and they were surrounded by them. Ram Kishan and Kailash were armed with lathis while Om Prakash had a 'farsi'. Ram Kishan gave a lathi blow on the skull and forehead of Kesa Ram as a result of which he fell down. Ram Kishan yet gave second blow and to ward off the same with his left hand, he further got his left hand hurt. Kailash and Om Prakash assaulted his brother Nenu Ram with a lathi and a farsi as a result of which Nenu Ram also received simple injuries on his both hands as well as both legs Kesa Ram was apprehending more danger, escaped from there while Nenu Ram was felled on the ground and subjected to mare injuries. He, lastly, reached his well and Aaidan Ram was informed about this incident and, lastly, took Nenu Ram to the hospital on a tractor.

(3.) It was also alleged that accused-persons had taken away Rs. 50/- from the pocket of Kesa Ram at the time of the alleged incident. The clothes and goods which they had purchased from Nagaur and were taking to their house at the time of the incident, were also alleged to have been taken along with by the assailants.