MANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 26.5.88 passed by the Sessions Judge, Merta City, whereby the appellants Manaram, Parsaram and one Tilokaram (since deceased) were convicted for the offence under Section 302/34 IPC and sentenced to suffer imprisonment for life and fine Rs.2, 000/-; in default to suffer further imprisonment of one year rigorous imprisonment.

(2.) The prosecution story in nutshell is that on 30.8.86, when Bhabuta Ram (PW 7) was grazing cattle in his agriculture field 'Bhomwala', around 12-1 P.M. Tilokaram, Manaram and Parsaram residents of Guna Ki Dhani came there. Manaram was armed with farsi and Tilokaram and Parsaram were having lathis. On seeing them, Bhabutaram ran away. They chased him and Manaram inflicted farsi blow on his right hand, which resulted in amputation of his hand. On Bhabuta Ram raising the hue and cry, Shivkaran and Sanwataram-the father of Bhabuta Ram, came to his rescue from the fields nearby. They were also belaboured. Consequently, Bhabuta Ram's father Sanwataram suffered grievous injuries and fell down. According to Bhabuta Ram (PW 7) , they had purchased the agriculture field 15 years back and since then, the accused persons were keeping enmity with them.

(3.) On the basis of parcha bayan (Ex.P/13) of Bhabuta Ram (PW 7) , the police registered the FIR (Ex.P/31) for offences under Sections 323, 324, 447 & 307 IPC and investigation commenced. Later, Sanwataram died on the spot and therefore, the offence under Section 302 IPC was added.