KARNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been preferred by the appellants against the judgment and order of conviction dt. 1/10/2014, passed by the learned Additional Sessions Judge No.3, Bikaner in Sessions Case No.30/12 (194/2009) whereby the accused-appellants have been convicted and sentenced as under:

(2.) In nutshell, the prosecution case emanates from the complaint filed by Gita Devi (PW-1) dt. 24/8/2009. It was stated in the aforesaid complaint that she is the wife of Chunni Lal and resident of Pratap Basti, Bikaner. She further stated that the house of Karna Ram is located in their neighbourhood. On 23/8/2009 at around 11.00 AM while his son Ganesh was talking to Om Prakash for going to Ramdevra fair, the mother of the Karna Ram, Lichhma told his son Ganesh that why he is talking to Om Prakash when his mother does not speak to the mother of Om Prakash. Lichhma while abusing Ganesh used foul language, her son replied the same way. Because of the exchange of the foul words between Ganesh and Lichhma on 23/8/2009, today i.e. 24/8/2009 at around 8:00 AM when her son went to the grocery shop which is in front of the house of Karna Ram, he was beaten up by Karna Ram. Her son ran towards her house. On getting the information she along with her husband Chunni Lal also went near her son in front of the house of Champa Lal. Karna Ram and Jetha Ram were armed with with iron rods, Lichhma was having a stick, Bhanwar and Chandu were unarmed came on the spot and gave beatings to her husband Chunni Lal with the intention to kill. Her husband was hit on the head with iron rod, resulting into the profuse bleeding, making him unconscious. While his son was trying to rescue his father, accused Karna Ram gave blows with iron rod. She was also given beatings by Karna Ram with iron rod. Her daughter was also assaulted. Bhanwar and Chandu also gave fist blows. Then she cried. On hearing the cries, Poonam Chand and other inhabitants of the Mohalla gathered on the spot. When the accused persons fled away from the spot then her husband was taken to the hospital by Ganesh, Poonam and Shyam Lal. He was taken to Jaipur. The accused persons have attacked her family with the intention to kill them. On the aforesaid complaint a formal FIR bearing No.234/2009 was registered against the accused persons for the offences under Ss. 147, 148, 149, 307, 323 and 341 IPC at Police Station Aarakshi Kendra, Bikaner.

(3.) After completion of investigation police filed a charge-sheet for the offences under Ss. 341, 323, 302, 147, 148 and 149 IPC against the accused-appellants Karna Ram, Jetha Ram, Lichhma and Bhanwar Lal.