BIRMA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Birma and Udailal have been convicted and sentenced by the learned Sessions, Judge, Jhalawar, as under: <FRM>JUDGEMENT_43_LAWS(RAJ)8_19781.html</FRM> No separate sentence was awarded to Uda under section 326-34 Penal Code although he was convicted there under.

(2.) The case of the prosecution as registered with the police on June 18,7, 1977, at 8 a. m. is like this, Ram Lal PW 3, left his village for going to village Deoli on some private business on Jan. 18, 1977 morning. He had gone hardly half mile from the village when he saw Birma and Uda accused sitting near a well of Bapu Lohar. The story given in the F. I. R. is that Uda, who was not named in the F. I. R., caught hold of Ram Lal and held him in hostile embracing from behind. Birma who was armed with an axe struck it on the neck of Ramlal. Two witnesses Amarlal, PW 5. and Nathu, PW 4, who were also not named in the F. I. R., are alleged to have rushed to the rescue of Ram Lal. On seeing them the culprits ran away. The injured Ram Lal walked back to the village and went to his house. His father, who had in the meantime gone out in the fields to answer the call of nature had to be called back. On the return of his father to his house Ram Lal narrated the occurrence to him mentioning to that Birma had inflicted the injury to him. He did not, however, mention the name of the other accused, namely, Uda or the names of the alleged eye witnesses of the occurrence.

(3.) Uda Lal, the father of Ram Lal injured, immediately went to the police station and lodged the F. I. R. there. He told the police that his son, who had become unconscious as a result of the injury, would himself disclose the name of the second assailant.