SURJA RAM AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenged is appellants' conviction for the offences of Section 326 read with Section 34 IPC and and Section 324 read with Section 34 IPC and respective sentences awarded of three years with fine Rs. 2000 as per judgment dated 5.12.88.

(2.) Heard. Events and brief facts leading to appellants' prosecution are that on 9.7.84, ASI PW 5 of Police Station, Kotgate on instruction of SHO Surja Ram & Another v. State PW 6, arriving at hospital Bikaner, recorded statement Ex.P-1 of Hari Ram PW 1 who was admitted in injured state. Hari Ram averred that on that day at about 8.45 am, he going to his work on cycle reached near shop of Radha Kishan in market - where from behind came Surja Ram, Tiliya @ Triloki and Motilal on motor-cycle and struck him, and as he fell down, appellant Surja Ram inflicted a blow of Barchhi on his buttock and on his getting up, Tiliya inflicted blow of sword on his right hand - then both inflicted blows with barchhi and sword on his right, left palm, both legs, thighs and on other parts of the body. On his cries and shouting, Sevaram and Atta Hussain came who intervening, protected and many people gathered. Also averred that all three in relation are his nephews and he beaten because of old animosity and cases - mentioning that because of injuries, he cannot sign or make thumb impression of any hand. So ASI PW 5 taking impression of thumb of right leg on this recorded statement, making his own endorsement presented same to SHO PW 6 who on basis of this statement Ex.P-1 registered FIR Ex.P-9 No.154/84 for offences of Sections 324 and 334 IPC.

(3.) ASI PW 5 inspecting place of occurrence on 9.7.84 itself prepared memo and site plan Ex.P-2 and Ex.P2-A. Then on 10.7.84 at hospital worn clothes and Dhoti and having cut marks of injured Harim were seized and sealed vide memo Ex.P-3.