BHAGWANA RAM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.5.1982 passed by the learned Sessions Judge, Churu, whereby the learned Judge convicted appellant No. 1 Bhagwana Ram for the offence under Sec. 326 Penal Code and sentenced him to two and half years rigorous imprisonment. Appellants No. 2 and 3 have been convicted under Sec. 323 Penal Code and sentenced to four months' rigorous imprisonment.

(2.) The prosecution case is that on 19.8.1979, Keshra Ram lodged an F.I.R. at Police Station Sardar Shahar stating inter-alia that there was a dispute among Bhagwana, Salia and them with respect to partition of the field. On the last night, his brother Mamchand had asked Bhagwana Ram and others to sort out the dispute, on which they said that they would discuss the matter next day. On the date of incident at about 12 noon, when his brother Mamchand came near the shop of Mohan and was proceeding towards the house in front of the house of accused Sajan Ram, accused Bhagwana Ram. Salia, Sajan, Mala Ram, Lichhma and Chunni, who were armed with 'Barchhi', 'Kassiya' and lathies, arrived there with a common intention to assault them. Bhagwana Ram gave a 'Barchhi' blow on his head on account of which he sustained injury on the ear. The other accused persons also inflicted injuries to him as well as to Mamchand. On this, police registered a case for the offences under section 307, 147, 148, 149, 326 and 341 IPC. After usual investigation, the police filed a chalian against five accused persons viz, Bhagwana Ram, Sajjan Ram, Salia Ram, Mst. Lichhma and Mst. Chunni.

(3.) During trial, the prosecution examined eight witnesses in support of its case. In their statements under Sec. 313 Crimial P.C., the accused persons pleaded that they are relatives and on account of the dispute, they have been falsely implicate. The trial court held that the prosecution has failed to establish that all the accused persons had assembled with a common object to assault the injured persons. In view of this, all the accused persons were acquitted of the offence under Sec. 149 IPC. The trial court convicted all the three appellants as stated above.