JAGGU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22-4-1985 passed by the learned Additional Sessions Judge, Nohar, where by the learned Judge has convicted the accused appellants under Section 324 read with .Section 34 of the Indian Penal Code and Section 323 read with Section 34 of the Indian Penal Code and released these accused appellants on probation on furnishing a bond of three years for keeping peace under Section 4 of the Probation of Offenders Act and further directed the accused appellants to pay compensation at the rate of Rs. 150/- per accused totalling Rs.600/- to the injured Amar Singh.

(2.) The brief facts giving rise to this case are that Chanan Ram son of Narsa Ram Kumhar resident of Dhansia on 2-10-82 at 12.30 p.m. filed an oral report at police station, Pallu that Amar Singh Kumhar is his relation and there is a litigation regarding his land with Jaggu Ram and he is prosecuting the case on behalf of Amar Singh. Jaggu Ram is having an enmity with Amar Singh. This disputed land is in village Rohi Dhansia bearing Khasra No. 702/1384 measuring 29 bighas 2 biswas. On account of breach of peace the proceedings under Section 145 of the Criminal Penal Code were also initiated and in those proceedings the land was attached. The land was auctioned for a sum of Rs. 4,500/- He further alleged that he has deposited a sum of Rs.3,500/- and obtained a receipt. On the previous morning he along with Amar Singh went to look-after their field, at that time Jaggu Ram was standing in his Dhani and threatened them to withdraw from the field otherwise he will shoot them with pistol. Thereafter he rushed towards them. Thereupon they withdrew themselves from the field and when they reached to the eastern boundary of the field at about 10-11 a.m., he (Jaggu Ram) along with his son who were armed with Jai and Kassia came running behind them and shouted to his brothers Rati Ram and Bhagirath that they should not be allowed to go and they may be caught. Thereupon when they started running Jaggu Ram came from behind and gave a blow to him (Chanan Ram) with the iron Jai in his back. His son also gave him a beating in the back side of Kassia as a result of which he fell down. When they started beating him, Amar Singh came to his rescue. They gave a blow on the head of Amar Singh with the iron Jai. Thereafter, he (Jaggu Ram) and his son gave a blow with Kassia, as a result of these two blows Amar Singh fell down. In the mean-time Rati Ram and his son with Ram Rakh all of them armed with lathis came there and gave beating to Amar Singh. Thereafter Jaggu Ram said that Amar Singh may be taken to Ram Rakhs well where he will be killed. Mean time Rewanta and Deva. Ram came from village side with meals for Amar Singh. On seeing them coming we shouted for help and they rescued them. Amar Singh received injuries on his head and was given first aid. Mohan Ram up Sarpanch and Mangla Ram told them to report the matter to the police therefore they came to the police station. Thereafter, the injured Amar Singh was removed to the Hospital for treatment. On the basis of this first information report a case under Sections 307, 147, 148, 149,341 and 323 of Indian Penal Code was registered against the accused persons. The injured Amar Singh and Chanan Ram were examined by the Doctor and it was found that Amar Singh has received as many as 15 injuries on his person and no specific injury was found on the body of Chanan Ram. The prosecution in support of its case examined Dr. Hanuman Singh, P.W.I, Mangla Ram, P.W.2, Chanan Ram, P.W.3, Amar Singh, P.W.4, Hanuman, P.W.5, Rewanta Ram, P.W.6, Deva Ram, P.W.7 and Om Prakash, P.W.8. The police recovered one Jai on the information given by the accused Jaggu Ram and one Kassia on the information given by Magu, accused as well. The police also seized lathis at the instance of accused Ram. Rakh and Karni Ram. The plea of the accused was of total denial. The learned Judge after reviewing all the evidence found the accused appellant guilty. He found that Rewanta Ram, P.W.6 and Deva P.W.7 were not eyewitnesses of the incident. He however, accepted- the testimony of P.W.3 Chanan Ram and P.W.4 Amar Singh. Looking to the nature of the injuries, he came to the conclusion that it cannot be said that injuries were caused with the intention to cause death of the injured Amar Singh. Therefore, the learned Judge acquitted the accused under Section 307 of the Indian Penal Code. However, he found that offence under Section 324 of Indian Penal Code is squarely made out against the accused and accordingly the learned Judge convicted the accused appellants with the aid of Section 34 of the Indian Penal Code that it was with the common intention to thrash the injured Amar Singh and Chanan Ram. Accused Jaggu Ram and Mangla Ram were convicted under Sections 324 and 323 read with Section 34 of the Indian Penal Code. He also convicted accused Ram Rakh and Karni Ram under Sections 323 and 324 read with Section 34 of the Indian Penal Code. The learned Judge instead of sending the accused to serve substantive sentence released them on probation under Section 4 of the Probation of Offenders Act and directed them to enter into a bond of three years for keeping peace and pay compensation of Rs. 150/- each to the injured as indicated above. Aggrieved against this conviction the present appeal has been filed by the accused appellants before this Court.

(3.) I have heard learned Counsel for the appellants and the learned Public Prosecutor and have also gone through the record as well as the statements of P.W.3 Chanan Ram and P.W.4 Amar Singh.