SHRI AMARA & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed against the judgment of Additional Sessions Judge, Nagaur dated 31.3.1987 passed in Sessions Case No. 60/1983 State Vs. Amara and Others whereby the appellants were held guilty and convicted for the offence under Sec. 307 read with Sections 149, 326 read with Sections 149, 325 read with Sections 149, 324 read with Sections 149, 323 and 149 Penal Code Learned Additional Sessions Judge awarded following sentences to the appellant:- <FRM>JUDGEMENT_46_LAWS(RAJ)10_2004_1.html</FRM>

(2.) In brief, the facts of the case are that an incident is alleged to have taken place in the noon of 9.7.1983 at Didia Kalla in which three persons were injured and for which a First Information Report (Exhibit P2) being FIR No. 65/1983 was lodged at 6:00 PM at Police Station Mundwa District Nagaur by one Lakha Ram (PW2). According to the version set out in the First Information 1 Report the appellants and their family members bore enmity against the complainant party and on that date while they were collecting stones near their 'poll' after sunset time, the appellants and two boys Arjun and Nathu came out there and on the exhortation of Amara and so also that of Dharu Ram Niwas and Sangram hurled an attack. Ram Niwas had a sword who inflicted an injury i on the head of Lakha Ram. In order to save himself, Lakha Ram moved his head whereupon an injury was received on the shoulder. Sangram also inflicted a 'lathi' blow which resulted in an injury on the left wrist as a result of which Lakha Ram fell down. Sangram also gave a 'thaa on the chest. Sanwata was assaulted by Arjun and Nathu with 'farsis' as a result of which one of his ' fingers was cut. Chhagana was also assaulted with 'farsis' by Amara and Dharu. On hue and cry being raised, Narayan came on the spot and Hardin Puri also tried to intervene. The assailants are reported to have returned from the scene under the impression that the complainant party had been sufficiently dealt with.

(3.) After the investigation, police submitted the challan against six accused appellants. The learned trial court after completing the trial and recording the evidence of 16 prosecution witnesses and taking 24 documents on record and according the statement of five defence witnesses and taking defence documents on record and considering the entire material place on record, convicted the accused appellants for offence under Sections 307 read with Sec. 149, 326 read with Sections 149, 325 read with Sections 149, 324 read with Sections 149, 323 and 149 Penal Code as indicated above.