BHUPENDRA SINGH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25th March, 1981 passed by the learned Addl. Sessions Judge, Nagour convicting the first and second appellant Khian Ram, Mishrilal under Sec. 325 I.P.C. and sentenced each of them to 2 years R.I. and to pay a fine of Rs. 100.00 each, in default of 5 payment to further undergo 3 months R.I. Both of them have also been convicted of offence under Sec. 323 I.P.C. and sentenced to 3 months R.I. and to pay a fine of Rs. 50.00 each, in default of payment to further undergo 15 days R.I. Both of them have also been convicted of offence under section 147 I.PC. and sentenced to 3 months R.I. and to pay a fine of Rs. 50.00 each, in 3 default of payment to further undergo 15 days R.I. All the sentences have been ordered to run concurrently. The 3rd, 4th, 5th & 6th appellants have been convicted of offence under Sec. 325/149, 323 and 147 I.P.C. They have been given benefit of provisions of Sec. 360 Cr.PC. sixth appellant Poosaram had died during the pendency of this appeal as such appeal qua him stands abated.

(2.) The brief facts of the case are that on 21st April, 1979 PW/1 Chotu Ram lodged an F.I.R. at police station, Nagour by producing a written report Ex.P/1 under signatures of PW/4 injured Umedram. It is that on 21.4.79 he was going towards his house from the railway station and when he reached near the house of Hemaram, the accused Tilokaram, Mishrilal, Kirtara, Ghuraram, Khinyaram Poosaram attacked on him. The accused Mishrilal gave a blow on his head by lathi. He raised 2nd blow but the same was warded of by raising left hand which caused fracture of the hand of which, he got fracture. It is further alleged that Khinyaram exhorted to give blows to injured Umedram and he himself gave a lathi blow on the leg of Umedaram, on account of which, he fell down. The other accused person namely Kirparam, gave a lathi blow causing injuries on right hand. Tilokaram inflicted injury on the leg. So as other accused persons also assaulted. Umedaram made a cry which attracted PW/1 Choturam, PW/2 Bhanwarlal & PW/5 Gayarram. On this information, police registered a case of offence under Sec. 147, 148, 323 & 307 I.P.C. and proceeded with the investigation, after usual investigation, Police laid chargesheet against the accused persons for the aforesaid offences.

(3.) The accused persons were charged for offence under section 147, 148, 323 & 307 I.P.C. They denied the charge and claimed trial. The prosecution in support of the case examined 10 witnesses and produced number of documents. In statement under Sec. 313 Cr.PC. appellant Nos. 1 to 6 pleaded not guilty. The first and second appellants Khinya Ram & Mishrilal stated that the prosecution case is false and fabricated. The trial court found the prosecution case proved and thus, convicted and sentenced the accused appellants as stated above.