GHANSU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON 10th January, 1977, the learned Session Judge Bharatpur, consisted the appellants under Section 147 IPC and sentenced each one of them to undergo rigorous imprisonment for six months. He further convicted Ghansu under Section 307 and the remaining appellants under Section 37/149 IPC and sentenced them each to undergo rigorous imprisonment for five years and a fine of Rs. 200/ - and in default of payment of fine, to further undergo rigorous imprisonment for two months each. Hence this appeal.

(2.) THE brief facts of the case are that on the night intervening 20th and 21st April 1974, complainant Rambabu PW 4 and his father Shivliram PW 3 were sleeping in their threshing grounds in village Gurdha Nadi Distt. Bharatpur. At about 3 -4 a man unknown person passed by and asked them which was the way leading to Jheel. Both the father and son were awakended Rambabu pointed to the pedestrian the way to Jheel that went by a foot -track. The stranger then enquired Rambabu whether he had fire. Rambabu pointed out that the fire was available near the Babul tree. The stranger then asked Rambabu whether he could give him some water to drink. When Rambabu got up to bring water for him, the stranger shouted to the accused that was the right tine for them to come. Thereupon, all the five accused persons reached Rambabu. Ghansu delivered a lathi blow on the head of Rambabu. The remaining accused also assaulted him with lathis. All this while, the accused were shouting that Rambabu should be done to death. In the near by threshing flor Ghamandi PW 5 and his employer Omprakash PW 6 were sleeping on one out. Gopal PW 7 and one Girdhari who were proceeding from their village to station Jheel to board the local train to Bayana arrived at the scene of occurrence. Rambabu is said to have become unconscious and was removed to Bharatpur hospital. From medical examination it was found that the skull of Rambabu was fractured. Shobharam PW 2 then lodged the first information report with the police station Bayana. The police after usual investigation sent up the accused for trial with the aforesaid result.

(3.) THE learned Session Judge rejected the plea of alibi put forward by Ghansu. Upon an examination of the record of the hospital, he found that the entries in the hospital record were fabricated. The appellant Ghansu was shown to have been admitted in hospital on 20th April, 1974 at 11.05 a.m. as an indoor patient and was discharged on 21st April, 1974, at 10.40 a m. He was supposed to have been treated for stomach ailment The learned Sessions Judge has thoroughly discussed the evidence of compounder Satyaprakash DW 2 and found that the stock register did not show that any medicine was issued to the accused Ghansu What the out door register showed is that the accused Ghansu was admitted. One tablet of Spasimindon and one dose of carminative mixture was given The learned Sessions Judge held that Rambabu was a stamped witness corroborated by the medical evidence and that the prosecution case was also supported by other witnesses The learned Jud further held that the appellants had attacked Rambabu with intention to murder him and accused Ghansu was responsible for the fracture in the skull of Rambabu. He accordingly found them guilty as aforesaid.