BHOORA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal appellants Bhura Ram, Hari Ram, Jeevan Ram, Rawat Ram and Gokul Ram have called in question the judgment of the learned Addl. Sessions Judge, Nagaur dated 15-3-1983 whereby he convicted appellant Bhura under Ss. 147, 302/149, 325 and 323/149 and the other appellants under Ss. 147, 302/149, 325/149 and 323/149, I.P.C. and sentenced them as follows :- u/S. 147, I.P.C. One year R.I. and a fine of Rs. 100/-, in default one month R.I. u/Ss. 302/149 Life Imprisonment and a fine of Rs. 100/- in default one month R.I. u/S. 325 or 325/149 2 years R. I. and a fine of Rs.100, in default one month R.I. u/Ss. 323/147 One month R.I. All the substantive sentences were ordered to run concurrently.

(2.) The case relates to an occurrence which took place on 18-9-1980 at about 7.45 a.m. in the town of Nagaur in which injuries were caused to Sanwata Ram (deceased) and Jhumer Ram, P.W. 4. The prosecution case is that Sanwata Ram (deceased), Jhumer Ram, P.W. 4 and Sarupa Ram, P.W. 1 had gone to Nagaur on 17-9-1980 in connection with their case. They stayed with Shri Swarn Singh Advocate during night. Next day i.e. on 18-9-1990 while going towards the market, as they crossed Nakash Gate the five accused having lathis and spear in their hands, telling "Mar Do Jan Se Mar Do," came there and started giving beating to Sanwata Ram, and when Jhumer Ram and Sarupa Ram tried to intervene injuries were caused to Jhumer Ram but Sarupa Ram escaped injuries though he was also chased. It is said that the accused bore ill-will against the deceased who had won the Panchayat election. Sanwata Ram was taken to the hospital by Bhanwar Dan ASI, P.W. 7, Jhumer Ram lodged F.I.R. Ex. P-2 at 8.30 a.m. before Jai Singh P.W. 19 at the Hospital, on which a case under Ss. 147, 148, 323, 341, 342 and 307, I.P.C. was registered. The injuries of Jhumer Ram and Sarupa Ram were examined by Dr. Vijay Singh, P. W. 18. Sanwata Ram was shifted to Bikaner for treatment but he succumed to the injuries on 22-9-1980. Autopsy was held by Dr. R. K. Gehlot, P.W. 17. During investigation the police inspected the site, interrogated the witnesses, held the inquest and arrested four accused viz. Bhura Ram, Hari Ram, Jeevan Ram and Gokul Ram. A challan was filed against them. The Court took cognizance against Rawata Ram and he was also put to trial.

(3.) Accused Bhura Ram was charged with the offence under Ss. 147, 302, 302/149, 325, 323/149, I.P.C. and remaining accused were charged with Ss. 147, 302, 302/149, 323, 323/149 and 325/149, I.P.C. They pleaded not guilty. The prosecution examined as many as 19 witnesses. Accused in their statements under S. 313, Cr. P.C. denied accusation. Their case was that they have been falsely implicated in the case because of enmity. They examined 10 witnesses. Rawata Ram accused went into the witness-box in defence.