STATE OF RAJASTHAN Vs. GENA RAM

JUDGEMENT

(1.) This appeal by leave has been preferred against the judgment and order of acquittal dated 29-11-1978 passed by the learned Addl. Sessions Judge No. 2, Jodhpur in Sessions Case No. 7/78 thereby acquitting the accused-respondents of the offences charged with.

(2.) Briefly stated, the facts giving rise to the prosecution of the accused-respondents, of whom Hindu Ram died during the pendency of this appeal resulting in abatement of his appeal are as follows :

(3.) P.W. 8 Labu Ram and P.W. 7 Ramu Ram are real brothers. P.W. 2 Shankar Ram is son of P.W. 7 Ramu Ram. P.W. 1 Teja Ram is son of Peera Ram who is brother of Ramu Ram and Labu Ram P.W. 3 Sukha Ram and P.W. 4 Amara Ram are sons of Labu Ram. They are residing in Jakharon-ki-dhani of Village Kosana. The accused are also residents of the same Dhani and village. Both the parties are living in the same locality. The complainant party as well as the accused-party were having strained relationship due to straying of each other's animals in the standing crops of opposite party as well as due to some quarrels previously having taken place between children of the two sides. On 7-9-1977 at about 9 p.m. as alleged by the prosecution, all the accused-persons, armed themselves with "Kassis" (peak-axes), collected out side the residence of PW. 8 Labu Ram and while sitting on the 'Chabutra' situated out side their house, they kept waiting for the arrival P.W. 8 Labu Ram, PW. 1 Teja Ram and P.W. 2 Shankar Ram from their well. Meanwhile, Labu Ram accompanied by Teja Ram and Shankar Ram arrived from his well and while they were about to enter main entrance gate of their house, all the accused-persons conjointly started assaulting them. Shiv Ram accused gave blow of 'Kassi' on the head of Labu Ram resulting in fracturing frontal bone causing a grievous hurt. Other accused-persons also gave beating to Labu Ram resulting in multiple injuries. Gena Ram accused inflicted injuries on Teja Ram. Ramji Ram gave a blow of "Kassi" on the head of Shankar Ram. All the three injured persons were subjected to beatings and infliction of injuries by the accused-persons. P.W. 7 Ramu Ram came running out of his house to intervene and he was also assaulted by Hindu Ram resulting in injuries on his back and left hand. P.W. 3 Sukha Ram who was hardly aged 11 or 12 years, also came running to the scene of occurrence and he was also hurt by the accused-persons. After assaulting the said persons, all the accused-persons retired to their adjoining house. PW. 10 Babu Lal happened to reach the place of occurrence on his tractor. He transported all the injured persons to the Police Station, Pipar City. PW. 7 Ramu Ram reported the incident verbally to P.W. 9 Ummaid Singh. Officer-in-charge of the Police Station, who reduced it to writing in Ex. P. 16, as a result of which, an F.I.R. under Sections 147, 148 and 307/149, I.P.C. was registered and investigation was taken up by Ummaid Singh. All the injured persons were referred to the Primary Health Center, Pipar City whereat Labu Ram, Shankar Ram, Teja Ram, Ramu Ram, Sukha Ram and Amara Ram were medically examined by P.W. 5 Dr. N. R. Bhandari. On examination of Labu Ram, as many as 6 injuries were found on his person while rest of the injuries were caused by blunt weapon and were of simple nature, Injury No. 1 which was an incised wound with fracture of frontal bone of the scalp, was found to be grievous which was also caused by a sharp weapon. Shankar Ram had an injury on middle and upper part of the forehead caused by sharp weapon while rest of injuries caused on the person of Shankar Ram as well as aforesaid all the other five injured persons were found to be of simple nature besides having been caused by blunt weapons.