RAM CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal, under Section 374(2) Cr.P.C, has been filed by the accused -appellants against the judgment dated 15.6.85 passed by Additional Sessions Judge, Baran, in Sessions Case No. 10/83, whereby he has convicted them as under: _________________________________________________________________________________S. No. Accused Conviction Sentence_________________________________________________________________________________1 Ram Charan Under Section 148 IPC 6 months' R.I. and a fine of Rs.500/ - in default of which tofurther undergo 1 -1/2 R.I.Under Section 326 IPC 3 years R.I. and a fine of Rs.3,000/ - in default of which tofurther undergo 9 months' R.I.Under Section 324/149 IPC 6 months' R.I. and a fine of Rs.500/ - in default of which tofurther undergo 1 month's R.I.Under Section 323/149 IPC 3 months' R.I. and a fine of Rs.100/ - in default of which tofurther undergo 15 days R.I.2 Balram Under Section 148 IPC 6 months' R.I. and a fine of Rs.500/ - in default of which tofurther undergo 1 -1/2 R.I.Under Section 326/149 IPC 1 -1/2 years' R.I. and a fine ofRs. 1,500/ - in default of whichto further undergo 4 months'R.I.Under Section 324 IPC 6 months' R.I. and a fine of Rs.500/ - in default of which tofurther undergo 1 month's R.I.Under Section 323/149 IPC 3 months' R.I. and a fine ofRs. 100/ - in default of which tofurther undergo 15 days R.I.3 Hazari Lal Under Section 148 IPC 6 months R.I. and a fine of Rs.500/ - in default of which tofurther undergo 1 -1/2 R.I.Under Section 326/149 IPC 1 -1/2 years' R.I. and a fine ofRs. 1,500/ - in default of whichto further undergo 4 months'R.I.Under Section 324 IPC 6 months' R.I. and a fine of Rs.500/ - in default of which tofurther undergo 1 month's R.I.Under Section 323/149 IPC 3 months' R.I. and a fine of Rs.100/ - in default of which tofurther undergo 15 days R.I.4 Ram Gopal Under Section 326/149 IPC 1 -1/2 years' R.I. and a fine ofRs. 1,500/ -in default of whichto further undergo 4 months'R.I.Under Section 147 IPC 4 months' R.I. and a fine of Rs.400/ - in default of which tofurther undergo 1 month's R.I.Under Section 324/149 IPC 6 months' R.I. and a fine of Rs.500/ - in default of which tofurther undergo 1 month's R.I.5 Jagram Under Section 326/149 IPC 1 -1/2 years R.I. and a fine of Rs.1,500/ - in default of which tofurther undergo 4 months R.I.Under Section 147 IPC 4 months' R.I. and a fine of Rs.400/ - in default of which tofurther undergo 1 month's R.I.Under Section 324/149 IPC 6 months'R.I. and a fine of Rs.500/ - in default of which tofurther undergo 1 month's R.I.6 Anandi Lal Under Section 326/149 IPC 1 -1/2 years' R.I. and a fine ofRs. 1,500/ - in default of whichto further undergo 4 months'R.I.Under Section 147 IPC 4 months' R.I. and a fine of Rs.400/ - in default of which tofurther undergo 1 month's R.I.Under Section 324/149 IPC 6 months' R.I. and a fine of Rs.500/ - in default of which tofurther undergo 1 months's R.I.__________________________________________________________________________________

(2.) THE instant case arises out a report lodged by Ram Gopal S/o Kishan Lal on 23.9.82 at 1.00 pm., at Police Station, Baran. In the report, it is stated that at about 11 am, on 23.9.82, while the informant was at the bus -stand for going to the school, Hiralal had asked him as to why he picked up quarrel with his uncle. It is further stated in the report that Jagram, the accused took a stick from Hiralal Gujjar and assaulted the informant resulting in the injury on the finger of his left hand. Accused Ram Charan is said to have given beating with his fist. Manna, Suraj and Prakash came at the same of occurrence and they rescued the informant, who later went away. The accused persons also went away to their homes. Thereafter, the accused Ram Charan, Jagram, Balram, Hazari Lal and Ram Gopal came to the house of the informant, armed with weapons like 'Dhariya' and swords. At that time, Chaturbhuj tried to pacify the accused so that the dispute comes to an end. It is stated that Ram Charan inflicted a blow. Balram inflicted a sword blow on the elbow of the right hand of the informant, Ram Gopal inflicted a 'Lathi' blow on the elbow of the uncle of the informant. Hazari Lal inflicted a 'Gandasi' blow on Shaupal. Anandi Lal also inflicted a 'Lathi' blow. In the meanwhile, Nathulal Sarpanch and Prabhu Lal came at the place of occurrence and on their intervention, the informant was rescued. On the aforesaid report, an F.I.R. came to be registered (303/82) at the Police Station, Baran for the offence under Sections 147, 148, 149 and 307 IPC.

(3.) AFTER lodging of the report by the informant in the present case, the police investigated the matter. During the course of investigation, evidence was collected by the agency which included the statements of the witnesses, injury reports etc. On the conclusion of the investigation, a challan came to be filed against the accused -appellants for the offences under Sections 307, 326, 324, 323 and 149 IPC. The learned Magistrate having noted that the case was triable by Sessions, he committed the case to the Sessions Court which came to be tried by the Additional Sessions Judge, Baran.