RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Shri Chandgi Ram gave a parcha-bavan to the S.H.O., Khetri on 20-1-85 and in that statement he stated that there is a well known as Masania well, which is a joint well of both the partises. On 20-1-85, the accused-persons dig the well took out the Chawk and put it on the ground. After noon when the accused persons left the well the complainant Chandgi Ram, his, brother Sheesh Ram came to the well and again put the Chawk on the well. When they left the well and want towards Dhani and reached about 20-30 paces away, all the accused-persons armed with axe and other weapons arrived there and attacked Chandgi Ram and Sheesh Ram. Sahi Ram inflicted are blow to Chandgi Ram All the accused, persons started beating. After hearing hue and cry some persons arrived and rescued them. The accused persons also beat those persons. After beating the accused-persons left the place. The injured persons were taken to the Babai hospital from here the dodor Atmaram sent the information to the Police Station and inspected the injuries of the injured persens. Shiv Kumar, the Police officer arrived at the hospital and recorded the parcha-bavan of Chandgi Ram. On 21-1-87 in the morning at 1 Oclock Sheesh Ram died in the hospital. Initially, the Police registered the case u/ss. 307 147, 148, 149 and 383 IPC, but after the death of Sheesh Ram the case was converted u/s. 302 IPC also. After completing the usual investigation the Police submitted challan against 11 persons u/ss. 32 \ 148, 149 and 323 IPC.

(2.) Charges were framed against the accused-presents who denied the allegations made against them. The contention of the accused-persons was that after working on the well they were sitting in their field when Sheesh Ram and Chandgi Ram and 15-16 persons came there and started beating them. When persons came to rescue them they were also beaten by Sheesh Ram and others. The accused-persons also lodged a report of this matter at the Police Station and the Police after registering the case and completing the usual investigation submitted challan u/ss 325324, 323, 147, 148 and 149 IPC against the complainant party. It was stated that the cross case filed by the accused persons is still pending in the lower Court.

(3.) The trial Court after completing the trial found that no case is made out against 9 persons i.e. except Ram Singh and Sahi Ram, the present appellants. The trial Court acquitted all the 9 persons from the charges u/ss. 302/149, 148 and 333 IPC. Appellant Ram Singh was found guilty u/S. 302 IPC only. He was acquitted from the charge u/s. 148 323 IPC. Appellant Sahi Ram was found guilty u/s 324 IPC and he was acquitted from the charge u/Ss. 302/149 and 148 IPC.