MALARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.2.1982 passed by the learned Sessions Judge, Jodhpur convicting the first appellant Malaram of offence under Sec. 304-II Penal Code sentencing him to 8 years R.l. and to pay a fine of Rs. 500.00 and, in default of payment to further undergo 6 months R.l. The second appellant Shiv Ram has been convicted of offence under Sec. 323 Penal Code to 6 months R.l. and to pay a fine of Rs. 200.00, in default of payment to further undergo 2 months S.I.

(2.) The prosecution case as disclosed during the trial is that a day prior to 22.3.1981 some quarrel took place between wife of PW 8 Chunaram and wife of Gheesaram at about 8-9 a.m. The accused Narayan and Purkharam caught hold of Chunaram and assaulted him. However, he succeeded in escaping. The said incident is alleged to have taken place in Chowk of Bheraram' house. It is alleged that Bheraram on hearing shouts came out of the house. At that time, the accused Gheesa Ram, Narayan Ram, Purkharam, Shiv Ram & Malaram also arrived there with lathis. They started abusing Chunaram and Bheraram, on which, Bheraram brought down his safa (turban) from the head and requested them to stop quarrel. It is alleged that Malaram gave a lathi blow on the head of Bheraram and Shiv Ram also inflicted a lathi blow on the head of Bheraram. Bheraram became unconscious and was taken to the hospital where he succumbed to the injuries on 22.3.1981 at 4.30 a.m. The Police investigated the case of offence under Secs. 302, 147, 148, 323 & 452 IPC. After usual investigation the police laid charge-sheet against the accused persons for the aforesaid offences.

(3.) The Trial Court relying on the testimony of the eye witnesses, corroborated by the medical evidence, convicted the first appellant Mala Ram of offence under Sec. 304 II Penal Code and the second appellant Shiv Ram was convicted of offence under Sec. 323 IPC. The other accused persons have been acquitted.