DWARIKA LAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a joint appeal by the accused persons against the judgment and order dated Feb. 25, 1994 passed by learned Sessions Judge, Jhalawar in Sessions Case No. 10/1991. The appellant Ram Kumar has been convicted under Sections 302 and 324 IPC. while the appellant Dwarika Lal has been convicted under Sec. 302 read with Sec. 34 and 324 read with section 34 IPC. The appellant Ram Pal has been acquitted of the charge under section 302 IPC, but convicted under Sec. 323 and 324 read with 34 IPC. Appellants Ram Kumar and Dwarika Lal were sentenced to undergo for life imprisonment and pay a fine of Rs.2,000.00 each under Sections 302 or 302/34 Penal Code respectively, while under Sections 324 or 324/34 Penal Code they were sentenced to suffer rigoruous imprisonment for six months and pay a fine of Rs.250.00 each. In default of payment of fine under first count to further undergo rigorous imprisonment for six months and under second count to undergo simple imprisonment for 15 days. The appellant Ram Pal was given the benefit of probation under Sec. 4 of the Probation of Offenders Act.

(2.) The facts of the case need not be stated in detail as the learned counsel, appearing for appellants restricted his argument on the question of offence committed by the appellants Dwarika Lal and Ram Kumar. As per prosecution case, the incident had taken place at 5.30 or 6.00 p.m. on Oct. 31, 1990 when the accused and members of the complainant party were working in their respective fields, which adjoin each other. It is alleged that on common dol of the fields there was a bush which was cut by members of the accused party which resulted in assault to them by the accused. Deceased Prabhu Dayal was present on the well at that time. He came on the spot to pacify the dispute but he too was assaulted by the accused persons. As per the prosecution, the appellant Ram Kumar and Dwarika Lal assaulted him with Dhariva while Ram Pal appellant gave lathi blows. The prosecution case further Is that Prabhu fell down on, sustaining injuries and appellant Ram Kumar Sprinkled acid on this body from a tin. Ramesh Chand, complainant and PW 4 Harivallabh had also sustained injuries in the incident.

(3.) Parcha Bayan of Ramesh Chand was recorded at 9.30 p.m. on 31st Oct., 1990 by A.S.I. Lal Chand on the basis of which Crime was registered under Sections 307, 326, 324 and 323 read with Sec. 34 IPC. The injuries of Prabhu Dayal were examined by Dr. Ramesh Chand Dubey (PW 8). Medical Officer, Khanpur on Oct. 31st, 1990. In all he found 17 injuries on his person out of them injuries Nos. 1 to 5, 14, 15, 16 and 17 were caused by sharp edged weapon while remaining injuries were due to burns from the acid. As per the statement of Dr. Ramesh Chand Dubey, at the time of admission of the injured Prabhu Dayal, his general condition was poor. The blood pressure was 80/60 while pulse rate was 120 per minute. According to him his life was in danger. On account of his critical condition, he was referred to SRJ Hospital, Jhalawar for further treatment. Injuries of Hari Vallabh and Ramesh Chand were also examined which were simple in nature. The Doctor has further stated that none of the injuries sustained by Prabhu Dayal was sufficient to cause his death though cumulatively they were sufficient to cause his death.