BALVEER SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.9.1982 passed by the learned Sessions Judge, Churu convicting the appellants of offence under Sec. 325/149 Penal Code and sentencing each of the appellant to 2 years R.l. and to pay fine of Rs. 50.00.

(2.) The prosecution case is that on 30.10.1979 at about 12.15 p.m. one Shri Harphool S/o Shri Khuma Ram lodged an oral FIR at Police Station Hamirvas stating inter alia that at about 7 p.m. he had gone to house of Ghyana Ram where he was not found. At that time, Harphool S/o Baralu was also sitting in the house of Shri Ghyana Ram. While, they were sitting in the room of Shri Ghyana Ram, his daughter, Veeramati came weeping and informed that her father had gone to Rajgarh and she apprehended that Munaram and his four sons may assault him. Then, they immediately proceeded on way of Chandgoti from the side wherefrom, Ghanayaram was expected to come. When they reached near the house of Kalu Ram, they saw the four sons of Muna Ram. They saw that Ghayana Ram has been caught by four sons of Munaram and Ghyana Ram was unconscious. On this information, Police registered a case of offence under Secs. 364, 342 Penal Code and proceeded with investigation. The statement of injured Ghyana Ram was recorded. He was also examined by the doctor. After investigation, Police filed challan against all the accused persons of offence under Secs. 307, 364, 342 & 325 read with Sec. 149 IPC.

(3.) On analysing the prosecution evidence the Trial Court relying on the evidence of PW 1 Ghyanaram and other witnesses, corroborated by medical evidence, held that all the accused persons assaulted Ghanya Ram with an object to cause grievous injuries. In view of the finding, the learned Judge convicted and sentenced the appellants as stated above.