NAINA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prosecution story, as held established by the learned trial Judge is as follows : -

(2.) LUMBA Ram (deceased) and his brother Kirta Ram PW 4 are residents of village Padasala. They have two fields at Padasala, one known as Dhaniwala and the other on the outskirts of the village and at a distance of about 2 kms. from the field known as Dhaniwala. On 11-9-85, at about 4 p. m. , appellant Naina Ram put his 8. 10 cows in the Dhaniwala field of Kirta Ram and LUMBA Ram. At that time, there was a crop of 'bajari' and 'moth' in the aforesaid field. The cows of Naina Ram grazed the standing crop and caused quite some damage to the same. Upon this, Kirtaram and LUMBA Ram, who happened to be there, took the cows out of the field and proceeded to take them to the village cattle pound. On the way to the cattle pound, lay their second field on the outskirts of the village. When these two persons reached this second field with the cattle of Naina Ram, they were all of a sudden accosted by the accused appellants Naina Ram, Lala Ram, Padma Ram, Kumbha Ram, Moola Ram, Gumana Ram, Mst. Roopi and Mst. Mani. They were variously armed with Kassis and lathis. At that time, Chena Ram PW 1 (son of the deceased LUMBA Ram and PW 3 Pami (daughter of said LUMBA) were also in the said field and were busy doing 'nidan' operations (weeding ). The accused persons all of a sudden opened assault upon Kirta Ram and LUMBA Ram and when Chenaram and Pami came near, they Were also assaulted. After the initial assault, LUMBA Ram fell down on the ground and thereafter all the accused appellants gave indiscriminate beating to him on his back with the result that he sustained numerous injuries. Thereafter LUMBAram was taken away to some distance by Naina Ram, Padma Rami Moola Ram, Lala Ram and Kumbha Ram. It is alleged that besides LUMBA Ram, PW 1, Chena Ram and PW 4 Kirta Ram also received injuries in this assault. Leaving Kirta Ram and LUMBA Ram at the spot, Chena Ram and Pami went to Sarpanch Mohan Ram and informed him of this occurrence. Mohan Ram along with one Koja Ram went to the scene of occurrence and Kirta Ram, Chena Ram and Smt. Pami were taken to police station Osian in a tractor. LUMBA Ram was not found at that spot. Kirta Ram lodged a report of this incident at police station, Osian on 11-9-85. at 11. 30 p. m. Upon this report, the S. H. O. made some enquiries from Kirta Ram, Chenaram and Smt. Pami and registered a case under section 307, 341, 323, 447, 147, 148, 149 IPC as also u/s 24 Cattle Trespass Act. Kirta Ram eventually became unconscious and he was sent to the hospital. Likewise, Chena Ram and Smt. Pami were also sent that very night to the hospital where they were examined by Dr. Vijay Kumar Verma PW 22. He found following injuries on the person of Kirta Ram : - - 1. Bruise with diffused swelling with fracture 10 cm x 4 1/2 cm on posterior aspect of left forearm extended from lower of left fore arm to left wrist joint. 2. Bruise diffused swelling ? Fracture 11 cm x 5 cm on posterior aspect of right forearm extending from lower 1/2 of the rt. forearm to rt. wrist joint. 3. Bruise 11 cm x 6 1/2 cm on left shoulder. 4. Incised wound 3 cm x 2 cm x 3/4 cm semi lunar on right knee. 5. Incised wound with diffused swelling 6 cm x 1 1/2 cm x 3 cm obliquely downward on right side of the skulp over right paristal bone situated obliquely 13 cm above from right ear.

(3.) LEARNED P. P. tried to support conviction of Naina Ram for offence u/s 24 Cattle Trespass Act and further tried to support the judgment of the learned court below on other scores as well.