RAMJI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAMJI Lal, Shambu Lal, Ram Kishore, Ram Prasad, Lala Ram and Kanhaiya Lal (appellants herein) were put to trial before the Additional Sessions Judge, Dausa who vide judgment dated December 6, 2003 convicted and sentenced the appellants as under: Ram Prasad : u/s. 302 IPC: to suffer rigorous imprisonment for life and fine of Rs. 2,000/-, in default to further suffer rigorous imprisonment for three months. Ram Kishore : u/s. 326 IPC: to suffer rigorous imprisonment for two years and six months and fine of Rs. 1000/-, in default to further suffer additional rigorous imprisonment for two months. RAMJI Lal, Kanhaiya Lal, Shambhu and Lala Ram: u/s. 325 IPC: each of them to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer additional rigorous imprisonment for one month. RAMJI Lal, Kanhaiya Lal, Shambhu and Lala Ram : u/s. 323 IPC: each of them to suffer rigorous imprisonment for six months. All the sentences were ordered to be run concurrently.

(2.) BRIEFLY stated, the prosecution case is that informant Latoor Chand, by caste Dhobi, R/o village- Chawariya-bas lodged a written report at Police Station Lalsot, District Dausa on February 15, 2002 at 1. 00 P. M. In the report, he stated that this daughter Manti had gone to `jungle' for grazing goats on February 14, 2002, she was caught by Ram Prasad and Lala Ram, both sons of Gopi Lal who tried to outrage her modesty. They left her when she started crying. In the evening, on return she narrated this to her mother. Then her mother went to the house of Ram Prasad and Lala Ram to protest and to tell them that they being brothers in relation, should not have indulged in such activities. But she was abused and driven out of the house. Then, the informant himself went to their house on February 15, 2002 in the morning to make them understand but they started abusing him. When the informant was returning to his house, Kanhaiya Lal, Kailash, Ram Vilas; Lala Ram, Ram Prasad, Sanotsh and Babu Lal, Anandi Lal, Shambhu Lal, Ram Kishore, Mohan Lal, Ramji Lal with their ladies Panchi, Ladbai, Rajanti, Kali and Samundra came armed with lathies, sticks and Kulhari, followed and assaulted him hear `nala'. On hearing his cries, his family members Ram Gopal, Shambhu Lal, Mohan Lal and Smt. Parwati, Gayatri and Manti rushed but they were also beaten. The incident was seen by Rewad Mal, Shyam Murari and other villagers who brought the injured to their house. On the above report, a case u/s. 143, 341 and 323 IPC was registered at Police Station Lalsot and investigation commenced. On February 16, 2002, injured Gopal succumbed to the injuries in the hospital at Lalsot, his post mortem was conducted at 8. 50 a. m. Accordingly, the case was converted to the offence u/s. 302 IPC. During investigation, necessary memos were drawn, statements of witnesses were recorded, accused persons were arrested and weapon of offence were recovered. After collecting necessary evidence, challan was filed against Ramji Lal, Shambu Lal, Anandi Lal, Ram Vilas, Kailash, Ram Kishore, Ram Prasad, Lala Ram, Kanhaiya Lal and Smt. Panchi Devi W/o Gopi Lal.

(3.) AS per injury report of injured Smt. Prabhi W/o Gopal (Ex. P. 13), Dr. B. M. Sharma (PW. 11), found that there was swelling, 7 cm x 6 cm size, on the back of the lower part of the (rt) forearm. AS per x-ray report of injured Smt. Prabhati W/o. Gopal, (Ex. P. 9), Dr. Abha Jain (PW. 10), found a fracture of lower end of ulna bone at right forearm.