RAM PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant has challenged the judgment/order dated 27. 03. 1986 passed by the Sessions Judge, Jaipur District, Jaipur, whereby the appellant has been convicted for offence under Section 307 and 323 of Indian Penal Code (for short, "ipc" ). For offence under Section 307 IPC, the appellant has been sentenced to two years of rigorous imprisonment alongwith a fine of Rs. 100/- and he was directed to further undergo one month's rigorous imprisonment in default of payment of fine. For offence under Section 323 IPC, he has been sentenced to three months of rigorous imprisonment alongwith a fine of Rs. 100/- and he was further directed to undergo one month of rigorous imprisonment in default of payment of fine. It has also been directed that both the sentences should run concurrently.

(2.) IN brief, the facts of the case are that one Mr. Ramphool (P. W. 7) had lodged a written report (Ex. P. 4) at Police Station, Jamwa Ramgarh (District Jaipur), wherein he claimed that, "ram Karan is his brother. Fields of Ram Karan and Ram Pal are next to each other. Today he went to Toda and had returned back to his village about 2:30 PM. When he came to his village, he discovered that his brother was lying at a well. Ram Karan was bleeding from his head. He was bleeding because Ram Pal S/o Ladu Gurjar had hit him with Kharwara (an axe like weapon ). Ram Pal had also hit Ram Karan's wife, Beela. Ram Karan has sustained a deep injury on his head. There is no possibility of Ram Karan surviving. This incident had occurred because some cattles belonging to him had entered the fields belonging to Ram Pal. Ram Pal had hit Ram Karan with the intention to kill Ram Karan. This incident has been witnesses by Vijay Lal, Bhonriya and Saisa Gurjar and by other villagers. Ram Karan is unconsciously lying at the well. "

(3.) HEARD the learned counsel for the parties, have perused the impugned judgment and have examined the material available on record.