STATE Vs. GANESHA
LAWS(RAJ)-1967-4-11
HIGH COURT OF RAJASTHAN
Decided on April 17,1967

STATE Appellant
VERSUS
GANESHA Respondents

JUDGEMENT

- (1.) THIS is an appeal by the State under Section 417 Cr. P. C. and is directed against an order of acquittal passed by the Munsiff Magistrate, First Class, Bhadra, on the 14th December, 1962, in a case under Sections 326 and 323 I. P. C.
(2.) THE prosecution story may shortly be stated thus. Khemchand P. W. 3 who lives in village Bar was going to his field on 24th October, 1961, at about 2 P. M. in the company of his sons P. W. 1 Narsiram and P. W. 4 Gulzari. When these three came near the field of P. W. 2 Maniram, they found that the accused respondents who were lying in wait attacked Khemchand. Ganeshram was armed with an axe while ram Kishan and Ratiram had lathies. To start with Ramkishen and Ratiram gave lathi blows to Khemchand as a result of which he fell down but they continued to beat him even after he had fallen down and last of all Ganeshram hit Khemchand with the axe as a result of which Khemchand sustained an injury on his leg. Gulzari, however, was frightened and he ran away towards the village Narsiram and Khemchand raised an alarm which brought Bhaniram P. W 2 on the scene of incident. Seeing Bhaniram coming towards them, the accused ran away. Khemchand was then brought in a motor cycle taxi to Bhadra hospital. The doctor, however, was not present there, and, therefore, the first-aid was given to him by the Senior Compounder and on the following morning the doctor Roopsingh P W. 5 who was away returned to the hospital and attended to the injuries of Khemchand. P. W. Narsiram then went to police station Bhirani and lodged information of the incident. P. W. 6 S. H. O. Hukamsingh, however, could not make up his mind as to whether the facts disclosed any cognizable offence and therefore he asked narsiram to bring the injury report from the doctor Narsiram then approached Dr roopsingh and obtained the report. He handed over the injury report to the Sub inspector on the 27th October 1961 In the light of the injury report, the police registered a case against all the accused for offences under Section 326 I. P. C. and investigated the matter After completing the investigations, the police put up a challan against Ganeshram and Ramakishen in the court of the Munsiff magistrate. First Class. Bhadra In the course of the proceedings, the complainant also lodged a complaint against Ratiram The learned Magistrate eventually summoned Ratiram on 1-2-62 and tried the case in accordance with Section 251a cr P. C.
(3.) THE prosecution examined in all six witnesses. Of them, P. W 1 Narsiram, P W. 2 Maniram. P W 3 Khemchand and P W 4 Gulzari were the eye-witnesses. P. W 5 was Dr. Roopsingh and the last witness was P. W 6 Hukamsingh the Station house OFFICER.;


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