BHADAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Bhadar Ram has been convicted under Section 326, IPC by learned Sessions Judge, Sriganganagar in Sessions Case No. 28/83 for a period of three years rigorous imprisonment with a fine of Rs. 100/- and in default of payment of fine to undergo rigorous imprisonment for three months. Appellant was tried for offence under Section 307, IPC as well.

(2.) The facts in brief are that on 24-3-1983 at 9.00-10.00 P.M. Nand Ram went to out-skirts of village Mammar to defecate. House of Meera is situated nearby. Mohan, Bhadar and Bholia were found present there out of whom Mohan and Bhadar were armed with gandasi and Bhola was armed with a sela. After seeing Nand Ram, Mohan Ram cried that Nand Ram had come and he should be done away with. Nand Ram then cried and his wife Smt. Niko, mother Smt. Narayani, sister Reshma and brother Gyani Ram came immediately. Then Bhadar Ram appellant inflicted gandasi blow on the head of Nand Ram. Nand Ram fell down. It was further alleged that Bholia injured Nand Ram by sela. It is further alleged that Nand Ram's brother Gyana Ram and accused Mohan Ram had a dispute about some land and Nand Ram used to help him, therefore, Mohan Ram and Nand Ram had enmity with him. Nand Ram was taken away by Gyani Ram, Narayani and Reshma to the house of Gyani Ram from where he was taken in he morning to hospital of Sriganganagar. On 25-3-1983 the injured was examined by Dr. Rajendra Kumar Gupta and he found four injuries on his person. On 25-3-1983 Gyani Ram went to police station Chunawad at 1.00 P.M. and reported the matter vide Ex. P/7. Sukh Dev Singh, Head Constable, went to hospital Sriganganagar but Nand Ram was found in unconscious condition. Hence his statement could not be recorded that day. He went to the site and prepared site plan Ex. P/8 alongwith memo Ex. P/8-A. Blood was found on the spot. He seized blood smeared soil as well as control soil. He recorded statements of other witnesses and seized clothes vide Ex. P/11, Ex. P/12, Ex. P/13 and Ex. P/14. Investigation was handed over to Bhajan Singh who recorded statement of Nand Ram on 1-4-1983. He also seized shirt and turban of Nand Ram which were drenched with blood. They were sealed. Appellant as well as co-accused persons were arrested. On disclosure statement made by appellant Bhadar Ram a gandasi was recovered vide Ex. P/23. After investigation, challan was submitted before the Magistrate having jurisdiction who committed the case to the learned Sessions Judge.

(3.) Learned Sessions Judge framed charges under Sections 307/326, 324/34, IPC against the appellant who denied his indictment and claimed trial. The other two co-accused persons were also tried by learned Sessions Judge. They are Mohan Ram and Bholia but they have been acquitted. Prosecution examined as many as nine witnesses in support of its case. Appellant was examined under Section 313, Cr.P.C. He produced Mohra DW-1 as a witness in defence. Learned Sessions Judge, after hearing both the parties, convicted and sentenced the appellant as stated above.