NARENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) NARENDRA Singh, Girraj, Nanva and Ram Murti (the appellants) were prosecuted in case FIR No. 120 dated 13 -11 -1976 of the Police Station, Roopwas, District Bharatpur and were tried by Shri Dharam Chand Additional Sessions Judge, Bharatpur, who vide judgment dated 31st August, 1981 convicted appellants Narendra Singh, Nanva and Ram Murti Under Sections 452, 323 and 342, IPC and sentenced each of them to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 250/ - on each count. The fourth appellant Girraj was convicted Under Sections 452, 342 and 325, IPC and was sentenced to undergo rigorous imprisonment for a period of six months on first two counts and for a period of one year Under Section 325, IPC, besides paying a sum of Rs. 250/ - as fine on each count. The prosecution story was as under;

(2.) APPELLANT Narendra owed some money to PW 2 Maniram. At the instance of appellant Narendra, Maniram had also advanced some amount to appellant Girraj. Maniram and Narendra had their Khaliyans side by side and on 11 -11 -1976, they were working in their Khaliyans. Maniram told Narendra that his ground -nut crop was ready and he should arrange to pay the amount due from him and should also see that Girraj also paid back to Maniram the amount taken by him He suggested that Narendra should give him the ground -nut in exchange of the amount due from him and from appellant Girraj and thereupon was exchange of hot words between the two, Narendra threatened to see Maniram and on the evening of 12 -11 -1976, he brought some of his relations to his house. Next morning when Maniram was leaving for his field, he was invited to the Khaliyan of Narendra to smoke Biri. Maniram went to Narendra's Khaliyan and before he could lit the Biri, Lathi blow was struck on his head by Nanva and, thereafter, the other three appellants besides Darav Singh and Omwati, the father and wife respectively of appellant Narendra Singh started giving beatings to Maniram with the weapons with them They pulled Maniram by legs and tied his hands with the help of a rope. On hearing the alarm raised by Maniram, his brother Ramkhilari, his wife Lachho and many other residents of the village got attracted to the scene of occurrence. On seeing Lachho, the appellants and their above said two companions left Maniram and moved towards Lachho with a view to give beatings to her and as such Maniram ran away and entered his own house. The appellants and their two companions followed Maniram in his house and after giving beatings to him there brought him to the house of Narendra. In the house of Narendra, Maniram was given further beatings and was tied down with the help of a rope and was kept confined, till PW 5 Patram and some villagers came there and rescued him. Maniram was removed to Roopwas Hospital, where he was examined by the Dr. Hariprasad Gupta (PW 8), who found following injuries on his person:

(3.) I have heard the learned Counsel for the parties and have perused the record of the learned trial court.