GHASI RAM & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Ghasi Ram and Ramkumar sons of Jiwan Ram, residents of village Harsawa Kalan, were tried by the learned Additional Sessions Judge, Sikar, under sections 307, 326 and 324 read with section 34 I.P.C. By his judgment dated May 25, 1973, the learned Judge acquitted them of the offence against section 307 read with section 34 I. P. C. He, however, found them guilty of the offence punishable under sections 326 and 324 read with section 34 IPC. Consequently he convicted each of them under sections 326 and 324 and sentenced them to rigorous imprisonment for three years and a fine of Rs. 200.00 and rigorous imprisonment for one year, respectively.

(2.) The case of the prosecution which resulted in conviction and sentence of the appellants as aforementioned is that on March 11, 1971 at about 9-9-30 p.m. they were lying in ambush by the side of the well which separates the chowk from the galiyar (village street) at the time when Mohan PW is said to have returned from the house of one Girdhari. It is alleged that no sooner did Mohan pass that side than the appellants assaulted him. Ramkumar is alleged to have held him in his arms from behind when Ghasiram inflicted knife blows on his face causing a permanent privation of his right eye. It is alleged that the eye-ball had to be subsequently removed in an operation which was necessitated on account of these injuries. Ramkumar also stabbed him twice with his knife. After infliction of these injuries, the appellants made good their escape. Mohan fell down unconscious in the galiyar. PWs Hardeva, Bhagirath and Manna Ram saw him lying injured there and removed him to his house. PW Ramgopal, father of Mohan, immediately took him to the Fatehpur hospital and from there to Sikar because no doctor was available at Fatehpur. It is alleged that Mohan was unconscious throughout. It was in the Sikar hospital that Mohan regained consciousness at about mid night. He then disclosed to his father that the appellants were the assailants, who had inflicted injuries to him in a deceitful manner. Ramgopal then went to the police station Fatehpur and lodged the F I.R, there on March 12, 1971 at 5.30 a.m.

(3.) PW Sugan Singh, the Investigating Officer, went to the village of the parties on March 12, 1971, in the morning to conduct the investigation. He met Ram Kumar accused there. Ramkumar showed him the injuries suffered by him in the course of this transaction alleging that Mohan had attacked him at his (Ramkumar's) Chabutra threatening that he would bite off Ramkumar's nose with his teeth, and that he had actually bitten his nose through and through.