JAI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Jai Ram has been convicted by the learned Sessions Judge, Bundi under sections 324, 326 and 452 of the Indian Penal Code and sentenced, respectively, to rigorous imprisonment for one year, rigorous imprisonment for 21/2 years and a fine of Rs. 100.00 or in default further rigorous imprisonment for one month, and rigorous imprisonment for six months and a fine of Rs. 50.00 or in default further rigorous imprisonment for one month. However, the three substantive sentences were directed to run concurrently.

(2.) The case of the prosecution is that on Jan. 5,1977 at about 8 or 8.30 p. m. five culprits described in the first information report as Bhil by caste went to the shop of PW Biradhamal and demanded Bidi from him. It is alleged that one of the culprits who was armed with sickle attacked Birdhamal and caused a number of incised wounds to him with that weapon. The report of the occurrence was lodged with the police station next morning at 8 a. m. by PW Cyan Chand, Chijandas and Ramesh Chand, had witnessed the occurrence.

(3.) The police was not able to establish the identity of the culprits in spite of investigation extending over a period of several weeks. It is alleged that on Feb. 18, 1977 PW Chijandas saw the appellant Jai Ram, who is a Bhil by caste, passing through the market. Chijandas caught hold of the appellant alleging that he was the person who had inflicted injuries to PW Biradhmal. Appellant Jai Ram was handed over to the custody of the police. Thereafter one Fattu Bhil was also arrested and put up for trial along with Jai Ram.