POKAR RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Addl. Sessions Judge (Fast Track), Balotra camp at Barmer dated 31.07.2004, whereby he convicted all the three accused appellants as under: <FRM>JUDGEMENT_304_LAWS(RAJ)9_2009_1.html</FRM>

(2.) Facts leading to this appeal are that on 14.12.2002, Nanga Ram lodged a written report (Ex.P/2) at the Police Station Sedwa, alleging therein that his she-goats entered in the field of Pura Ram and when his brother deceased Dharma Ram went to bring back she-goats, all the three accused appellants Pura Ram, Uma Ram and Pokar Ram came in front of him and gave beatings to his brother deceased Dharma Ram. Accused Pokar was having lathi who inflicted it on the head of deceased Dharma. On seeing the incident, Jetha Ram (PW8) came there for his rescue and he also received injuries on his upper right eye and right finger. Thereafter, on hearing cries, Purkha (PW11), and Rau Ram (PW4) came on the spot and on seeing them the accused ran away. Upon this report, police registered a case under Sec. 341 and 323 Penal Code but after death of deceased Dharma on 16.12.2002 offence under Sec.302 Penal Code was added. On the date of incident i.e. 14.12.2002, a cross FIR No. 107/02 (Ex.D/12) was also lodged by Pura Ram at Police Station Sedwa, District Barmer in which it was alleged that on the day of incident Jetha Ram (PW8), deceased Dharma Ram, Nanga (PW2) and Uda Ram (PW3) came with lathis and used filthy language and incident took place in which accused Bhera Ram received head injury which was inflicted by Jetha Ram and blood oozed out and Uma and Idan came to rescue him. The incident is said to have taken place on account of hot exchange of words with regard to grazing of she-goats in the field of Pura by the deceased and his brother. Police also registered a case on the basis of this report, which is pending trial. On completion of investigation, police filed challan in both the cases. Since the offence under Sec.302 Penal Code was triable by the Court of Sessions, therefore, the present case was committed for trial.

(3.) The learned trial Judge framed charges against the three accused appellants. After hearing arguments on charge, accused appellant Pokar Ram was charged under Sec.323, 341 and 302 Penal Code and rest of the accused appellants Pura Ram and Uma Ram were charged under Sec. 323, 341 and 304 read with Sec.34 of Penal Code to which they pleaded not guilty. The prosecution examined 16 witnesses and produced 29 documents. Accused produced 13 documents in defence with regard to cross FIR No.107/02 of Police Station Sedwa. They also produced 3 witnesses in defence. After hearing arguments, the learned trial Judge convicted the accused appellants as above.