ROOPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JUDGMENT :- The judgment dt. 23-8-82 of the learned Sessions Judge, Jodhpur, convicting appellants Roopa Ram, Basti Ram and Sukh Ram u/Ss. 325 and 447, IPC and sentencing Roopa Ram to undergo two years R.I. and a fine of Rs. 500 under the first count, one month R.I. under the second count and releasing appellants Sukhram and Bastiram on probation, has given rise to this appeal.

(2.) The incident had taken place in the morning of 4-10-81 in village Pal Thoriyon Ki Dhani in which Girdhari (P.W. 3) and Bhera Ram (deceased) had sustained injuries. The prosecution case, as unfolded in the statement of Girdhari recorded by Khet Singh, A.S.I. at 10-15 a.m. on 4-10-81 was that Basti Ram had inflicted lathi blow to Bhera Ram and Rupa Ram had inflicted a 'farsi' blow on his head by sharp side. It was further stated that the assailants were five in numbers viz. Basti Ram, Rupa Ram, Chaina Ram, Sukhram and Gopa Ram. On this report, a case u/Ss. 147, 148, 149, 452 and 307, IPC was registered. The police inspected the site and interrogated the witnesses. The injuries of Bhera Ram were examined by Dr. Dharmendra Sharma, P.W. 16 who prepared the injury report Ex. P-16. Bhera Ram was admitted in the hospital for treatment but he expired on 11-10-81. Thereafter offence u/S. 302, IPC was added. The police after investigation challaned only three appellants Basti Ram, Rupa Ram and Sukh Ram.

(3.) Rupa Ram was charged with offence u/Ss. 302 and 447, IPC, Sukh Ram u/Ss. 447 and 302/34 and Basti Ram u/Ss. 302, 447 and in alternative 302/34, IPC. They pleaded not guilty. The prosecution examined P.W. 1 Jimani Ram, P.W. 2 Gopa Ram, P.W. 3 Girdhari, P.W. 4 Chuni, P.W. 5 Jhamku, P.W. 6 Pappu Ram, P.W. 7 Ghura Ram, P.W. 8 Heera Ram, P.W. 9 Khet Singh, P.W. 10 Barju, P.W. 11 Dilip Sankhla, P.W. 12 Jethmal, P.W. 13 Ramlal, P.W. 14 Dr. S. P. Mathur, P.W. 15 Hem Singh, P.W. 16 Dr. Dharmendra Sharma, P.W. 17 Dr. Tej Singh Arora and P.W. 18 Amar Singh. Accused in their statements u/S. 313, Cr. P.C. denied accusation. They examined two witnesses D.W. 1 Sima Ram and D.W. 2 Mohan Ram in defence. The learned Sessions Judge after hearing the counsel for the parties held that the prosecution failed to prove charges u/Ss. 302 and 302/34, IPC against any of the three accused persons. He further held that offences u/Ss. 325 and 447, IPC were proved against Rupa Ram, and offences u/Ss. 323 and 447, IPC were proved against Sukh Ram and Basti Ram. As already stated, he released the two accused on probation but sentenced Rupa Ram as stated above.