MALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant applicant under Section 378 (4) CrPC has been preferred by the applicant-complainant Mala Ram seeking leave to file an appeal against the judgment dated 12.07.2017 passed by the learned Additional Sessions Judge No.2, Abu Road in Sessions Case No. 12/2016, whereby the learned trial court convicted the respondent Roopa Ram for the offences under Sections 341 and 323 IPC and sentenced him to undergo one month's simple imprisonment alongwith a fine of Rs.250/- on each count, but acquitted him from the charges under Sections 307 and 325 IPC. The instant leave to appeal application has been preferred seeking to assail the acquittal of the accused from the major charges under Section 307 and 325 IPC.I have heard and considered the arguments advanced by learned Public Prosecutor and have gone through the impugned judgment as well as the record.

(2.) As per the prosecution allegations, Rama Ram, the first informant, lodged a report (Ex.P/12) at the Police Station Pindwara on 13.03.2016 alleging inter alia that on 10.03.2016 at 10 o'clock, he was grazing sheep as usual near the Malap Talab. Nearby him, Roopa Ram was also grazing his goats. At about 3 o'clock, his (informant's) father Mala Ram came to take stock of the herd. An altercation took place between Mala Ram and Roopa Ram, whereafter, Roopa Ram accosted Mala Ram and gave him numerous blows with a wire-strung lathi on the head and other body parts, due to which, he fell down. Even after Mala Ram had fallen down, Roopa Ram continued to assault him by lathi. Few people of Garasiya caste were working in the nearby fields, who came and saved the informant's father Mala Ram. The informant called his uncle Peera Ram, who came with Ranjeet Singh in a vehicle, on which the injured was boarded and was taken to the Pindwara Government Hospital, from where he was referred to the Abu Road Trauma Center. As the condition of Mala Ram was precarious, he was further referred to Mehsana and was got admitted there.

(3.) On the basis of the report aforesaid, an FIR No.98/2016 came to be registered at the Police Station Pindwara for the offences under Sections 307, 341 and 323 IPC. After concluding investigation, a charge-sheet was filed against the accused for the above offences and the offence under Section 325 IPC. The prosecution examined 13 witnesses and exhibited 20 documents to prove its case. The accused denied the prosecution allegations in his statement under Section 313 CrPC, but did not lead any evidence.