RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Addl. Sessions Judge (F.T.) Jalore, Camp Bhinmal dated 9.2.2004, whereby he convicted the appellants Ranchhora, Jairoopa and Mota Ram under Sections 302/34, 307/34, 325/34, 324/34 and 323/34 Indian Penal Code. and sentenced them as under: <FRM>JUDGEMENT_2272_TLRAJ0_2009_1.html</FRM>

(2.) Facts leading to this appeal are that on 24.9.2000 at 10.40 AM, Jora son of Prabhu by caste Rebari lodged the F.I.R. that in the morning, he went to cut his 'bajra' crop over his land, where accused Jairoopa, Ranchhora, Chamna, Lakha, Balka, Harchand, Mala, Mota, Sopa, Vachna, Ganesha and Samartha wrongly entered into his field and started beating. They all were armed with deadly weapons. Accused Jairoopa had a 'dharia' with which he inflicted injury on the person of Harkan and rest of the accused persons also started beating and in the process of the same, gold ear rings of Jora amounting to Rs. 2000.00 were snatched. On hearing their hue and cry, Hukma and Vena came to rescue them. While leaving the field, the accused threatened to kill them. Upon this report, the police registered a case under Sections 143, 447, 382 and 323 Indian Penal Code. and commenced investigation. During investigation, Chopa Ram died. All the seven injured were medically examined by the doctor. The post mortem of Chopa Ram was conducted vide Ex.P-41 and in the opinion of the doctor, Chopa Ram died due to head injury. After investigation, the accused appellants Ranchhora, Jairoopa and Mota Ram were challaned before the learned Judicial Magistrate, I Class, Sanchore, who committed the case to the learned Addl. Sessions Judge, Bhinmal. Learned trial Judge framed charges against the above three appellants under Sections 447, 302, 302/34, 307, 3-7/34, 325, 325/34, 324, 324/34, 323 and 323/34 to which they pleaded not guilty. The prosecution examined 19 witnesses. The statements of the accused were recorded under Sec. 313 Code Criminal Procedure They produced two witnesses in their defence. The prosecution proved 56 documents and the defence proved 25 documents. After hearing, the learned trial Judge convicted and sentenced the accused appellants as above.

(3.) We have heard learned counsel for the appellants and gone through the record of the case carefully.