STATE OF RAJASTHAN Vs. RUGGA

JUDGEMENT

(1.) THIS appeal arises out of the judgment passed by the learned Additional Sessions Judge, Bundi, dated 26 -11 -1970. By hat judgement, the learned Judge held the respondents not guilty for the charges under Sections 148, 302/35, 309/149, 325/34 and 323 Indian Penal Code, and passed the order of acquittal.

(2.) BRIEFLY stated, the facts of the case leading to the trial of the respondents, are that at village Chapawada two daughters of Rama Nanda, namely, Mohini and Gopali were married to Hazari son of Snri Kishan, PW 1 of Ganpatpura and Mohan, grand son of Rugga, resident of Bezad, respondent, respectively on the 'Akhateez' the 3rd April, 1966. On the next day of the marriage, the two Barat parties of Ganpatpura and Bezd, had assembled beneath a tamarind tree for Beengoth A 'Nut' from Bazad reached there. Rugga gave him Rs. 9/ - and also asked Shri Kishan to give him money On Shri Kishan's reluctance to do so, there was not alteration between the two parties. Bhanwarlal S/o Shri Kishan, is said to be lying on Jajim' (Car -per) near the carts Some body from Bazad party snatched his watch A complaint to that effect was made by Shri Kishan and others to Ram Nanda, father of the brides, at his house. Rama Nanda assured them that he would get the watch returned He went to Rugga, who is said to be at the house of Chandra, to have a talk in the matter. After some time sixty or seventy persons including the respondents came armed from towards Bazad and assembled on a hillock and many of them threw stones towards the Barat party of Ganpatpura, Ten person came down from the hillock and gave a beating, with lathis, to Shri Kishan, Ram Narain, Gomnda, Kalyan, Mali, Smt. Keshar and Bhanwarlal Bhanwarlal sustained severe injuries and succumbed to those injuries. Shri Kishan along with some of his companions took the dead body of Bhanwarlal to the Police Station, Telera, in a cart and lodged the First Information Report there at about 4.C0 P.M before PW 18, Kurshid Ali. The dead -body of Bhanwarlal was sent so Bundi Hospital for post mortem That First Information Report along with me inquest report, Ex P. 14, prepared by Kurshid Ali, was given to Prakash Chand, the then Incharge of the Police Station who on the basis of the First Information Report registered the case under Section 302 Indian Penal Code. The clothes taken from the dead body of Bhanwarlal vice memo Ex P 16 at the time of post mortem, were taken in possession, and sealed. On 26 -4 -1966, Prakash Chand went to the site of occurrence sod prepared the site inspection memo Ex P. 2 and site plan Ex.P. 3. He took the blood stained stones and blood stained earth from two places vide memo Ex P. 4 Ex P 5 and Ex P 6. On 25 -4 -J96b, on receiving the information about the incident the Station House Officer, K. K Paten went to the scene of occurrence, and found the condition of Kanwara respondent serious. He, therefore, took him to Bundi Hospital and got him admitted there He arrested the respondent and in pursuance of the information furnished by Hira, Chhota, Kalal, and Kalyan recovered nicks,

(3.) ON 25 -5 -1966, at 9.00 A.M. Dr. Jhanji conducted the autopsy over the dead body of Bhanwar Lal and observed as under .' External Injuries: (1) The whole of the posterior aspect of trunk is full of bruises merging into each other. Margins ill defined, so that separate measurements cannot be given. (2) An incised wound 1/2'x 1/6' in transverse direction 1' infront of left ear bone deep. (3) An incised wound 1/8' x l/8' in front of injury No. 2, 1 ''below outer angle of left eye penetrating upto bone. (4) A bruise 2' x 1/2' around Injury No. 3. (5) A bruise 4' x 2' left half of occipital region of left scalp part.