MOTA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This matter comes up on the bail application of Manohar one of the two appellants. However, learned counsel for the appellants urged that in the appeal itself, he would not challenge the facts, but would only urged that the conviction of the appellants could not have been under section 302 or section 302 read with section 34, Penal Code Mota kam could be convicted under section 326, Penal Code and Manohar under sections 323 and 324, IPC. He, therefore, prays that the appeal itself may be disposed of at this stage. Learned Public Prosecutor also has no objection. Therefore, we have proceeded to hear the appeal.

(2.) The facts now not in dispute are that on 28-3-86, a report was lodged by Chetram at Police Station, Peelibanga, stating therein that on the day of Holi., there had been some verbal altercation between the two appellants Motaram and Manohar on the one hand and Budhram on the other under the influence of liquor, but that quarrel was settled by the intervention of Chet Ram. On 28-3-86, while Chet Ram and his sister Gita were working in their field, which was near Mota Ram's field, Budh Ram passed by Mota Ram's field at about 3.00 P.M. Mota Ram called him. Thereupon, Budhram went near Motaram. Motaram at that time was holding a Gandasi and Manohar had a Kasiya. When Budhram reached near them, they told him that on the day of Holi he had escaped, but now he would not be able to do so. On hearing this, Budhram tried to run away; but Motaram gave a Gandasi blow, which hit on the right arm of Budhram and Manohar gave a blow from the blunt side of Kasiya on the head of Budhram towards the back. Geeta came to his rescue, whereupon. Manohar gave a Kasiya blow to Geeta also on her left hand. When, Chet Ram and Kumbha Ram also rushed to the rescue of Chet Ram; whereupon, the accused persons ran away. The injured Budh Ram was then brought to the village in an unconscious condition. He was taken to Peelibanga in a tractor. The injured Budhram, however, breathed his last on the way. On this, report, the registered a case under section 362, 324 and 302 read with section 34, IPC. After usual investigation, the matter was challenged and committed to the court of the learned Additional Sessions Judge No. 2, Hanumangarh.

(3.) Dr. Vijay Kumar (PW 4) who had performed the post-mortem examination on the dead body of Budhram had found the following injuries on his person:-