KUMBHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal directed against the judgment and conviction passed against the accused appellants by the learned Sessions Judge, Churu dated 3 -5 -1989.

(2.) THE brief facts of the case are that on the intervening night of 6th and 7th April, 1977 at 1 A.M a report was lodged by one Sugma Ram at police station, Doongargarh to the effect that he had gone to village Parsaneu and returned to his village in the right. While coming to his village he went to the house of Daluram and there he found that mother of Tiku Ram injured was sitting. She informed him that in the evening these five accused persons came to her house and belaboured Tiku Ram with lalhi and took him to the house of Kumbharam and confined him there. It is alleged that she asked him to file a report with the police. Sugnaram went to his truck to file this report at the police station Sugnaram filed the report Ex. P. 1 disclosing the aforesaid allegations and on that basis, the report Ex. P1 was registered. On receipt of this information, Jaswant Singh, H.C. went to spot and to the house of Kumbharam, which is Said tote about 14 kms away from the police station. There he found the door of the house of Kumbharam closed. He heard the agony of the injured and he found that there were number of injuries on the person of injured Tikuram and blood was oozing out. The injured was immediately put in the truck and removed to the Hospital. The injury was admitted in the Hospital and PW 6 Dr. Nathmal Dugar as examined the injuries of the injured Tikuram, It is alleged that the injured had received 16 injuries on his person and out of them one was grievous. The injured was also advised X -ray and it was found he had a fracture of the right radius. During the course of investigation, it was revealed that the injured Tikuram had illicit relations with Mst. Malki wife of accused Kumbharam. it is alleged that PW 4 Tikuram injured disclosed that on 6 -4 -1977 when he was returning from his field in the evening. Dhanna Ram s/o Ganguram, Udaram and Kumbharam came out of the house of Dhannaram s/o Ganguram, Kumbharam was armed with lathi. Dhanna Ram and Udaram caught hold of him and Kumbharam started belabouring him with the lathi. Thereafter, he was dragged to the house of Dhannaram. It is alleged that he cried for help. On hearing the cries of injured Tikuram, PW 3 Malu Ram Nai and Dhannaram Jat PW 5 came to his rescue. Thereafter, Dhannaram son of Koduram end Ramuram also came there. Ramuram had a Kulhari, whereas Dhannaram s/o Kodu Ram Was armed with a lathi. It is alleged that Ramuram gave a Kulhari blow on Tikuram's right leg and Dhannaram s/o Koduram gave him beating with lathi. It is further alleged that at the house of Udaram all those 5 accused persons gave him beating. Thereafter, Kumbharam was taken to the house of Kumbharam and belaboured him there and thereafter confined Tikuram in a Sal.

(3.) AFTER close of the investigation, the police filed a challan against all the 5 accused persons UnderSections 147, 148, 149, 307, 367, 324, 323, and 342, IPC.