STATE OF RAJASTHAN Vs. SHIV NATH & ORS.

JUDGEMENT

(1.) Being aggrieved with the judgment dated 17.9.1982 by the learned Judicial Magistrate, Pipar where by the respondent accused persons have been acquitted of the offences under Secs. 147, 148, 323, 427, 326 read with 1491.PC., State of Rajasthan has preferred this appeal.

(2.) The prosecution case is that complainant Bhika Ram S/o Ghamanda Ram, mali resident of Pipar was going to his field on 13.8.1978 at about 9.30 A.M. All the accused respondents asked the complainant not to go to that field. The complainant Bhika Ram told the respondents that the field was mortgaged to him by Shivra and Gulab in consideration of Rs. 5000.00 and the document was executed in this respect by them. The respondents asked the complainant to show the document. The complainant brought the document from his house but it was torn by Achla Ram and all the respondents started beating him. Shivnath inflicted injury on the index finger of left hand by 'Chhura', which resulted in the amputation of upper most part. Shivnath also caused injuries by Chhura on the back and right thigh, all other respondents gave lathi blows to him. Babulal his brother, Deepa Ram and Jamana Ram rescued him otherwise the respondents would have killed him. A case was registered under Secs. 147, 341, 324, 327, 427 read with 149 I.PC. On completion of investigation, the police submitted the final report. Thereafter, the complainant Bhika Ram submitted complaint on 12.9.1978 in the Court of Judicial Magistrate, Bilara who took cognizance against the respondents for the offences under Secs. 148, 326, 324, 323 and 427 I.PC.

(3.) During the trial, the complainant examined PW. 1 Bhika Ram and also produced Deepa Ram RW. 2, Jamana Ram RW. 4 and Babu Lal PW. 6 as eye witnesses to the occurrence. Dr. Kedarnath Mathur proved the injury report Ex. R6. Himmat Singh, Incharge RS. Pipar Shahar on the relevant date, RW. 5, Shankar Lal Trivedi, PW. 7 S.H.O. Pipar and Madho Ram Motbir were also examined by the complainant. The respondent accused did not examine defence witness. The learned Trial Court appreciated the above mentioned evidence and came to the conclusion that the statements of eye witnesses Deepa Ram, Jamana Ram and Babu Lal are not at all reliable. The testimony of Bhika Ram is also untrustworthy, in view of the contradiction and the inherent improbabilities in the manner in which the occurrence is alleged to have committed by the respondents. The learned Trial Court also took the view that the injuries could be self-inflicted in view of the opinion given by Dr. Mathur RW.3 Consequently, the learned Trial Curt acquitted all the respondents of the charges levelled against them.