Research › Search › Judgment

Rajasthan High Court · body

2010 DIGILAW 82 (RAJ)

Arjunlal v. State of Rajasthan

2010-01-12

DEO NARAYAN THANVI

body2010
JUDGMENT 1. -This appeal is directed against the judgment of the learned District and Sessions Judge, Pratapgarh dated 17.5.1989 whereby while acquitting accused Bherulal, convicted the accused appellants Arjunlal, Girdhari, Nanda, Heeralal and Harlal under Section 307 Read with Section 149 Indian Penal Code. and were sentenced to three years rigorous imprisonment and to pay a fine of Rs. 2,000/- by each of the accused out of which 80% shall go to Kalu Ram and 20% to Shambhoo Lal. They were also convicted under Section 325 Read with Section 149 Indian Penal Code. and were sentenced to one year's rigorous imprisonment. 2. Charge against the accused-appellants was that on 7.3.1985, they formed an unlawful assembly at village Daulatpura and wrongfully restrained Kalu Ram and Shambhoo Lal and inflicted injuries on their persons, which were simple and grievous in nature by using blunt and sharp edged weapons. They were also charged for committing attempt to murder of Kalu Ram and Shambhoo Lal by inflicting injuries through ex., which were dangerous to life. The report of the incident Ex.P-4 was lodged. The police registered the case under Sections 148, 341, 323, 307 and 324 Indian Penal Code. and commenced investigation. After investigation, offence under Section 325 Indian Penal Code. was also added and charge-sheet was filed before the Judicial Magistrate, Nimbaheda who committed the case to the Court of Sessions. Learned Sessions Judge framed the Charges against the accused under Sections 148, 341, 323, 325 Read with Section 149, Section 307 Read with Section 149 and- 324 Read with Section 149 Indian Penal Code. to which all the accused pleaded not guilty. Prosecution examined 10 witnesses. Statement of accused were recorded under Section 313 Criminal Procedure Code They led no evidence in defence. After hearing the arguments, the learned Sessions Judge found that accused are guilty under Section 307 Read with Section 149 Indian Penal Code. and under Section 324 Read with Section 149 Indian Penal Code., therefore, there is no need to convict under Sections 324, 323 and 341 Read with Section 149 Indian Penal Code. Against this judgment, this appeal has been preferred. 3. I have heard the arguments of the learned counsel for the appellants and the learned Public Prosecutor and perused the record of the case. 4. Against this judgment, this appeal has been preferred. 3. I have heard the arguments of the learned counsel for the appellants and the learned Public Prosecutor and perused the record of the case. 4. Learned counsel for the appellants has not challenged the guilt of the accused but he submits that no offence under Section 307 Indian Penal Code is made out because according to the judgment of the trial Court itself, it is not proved that who used axe in inflicting the blow, therefore, they were acquitted under Section 148 Indian Penal Code. The conviction under Section 307 Indian Penal Code. has been recorded purely on the basis of the injuries on the person of Kalu Ram, particularly the head injury which was dangerous to life. In this regard, learned counsel has referred the statement of Dr. D.R. Bhatt, PW-10 who has prepared the injury report Ex.P-26. The doctor has deposed in his examination that injuries Nos. 1, 2 and 4 were dangerous to life which were caused by sharp edged weapon. These injuries are on the head or nearby it but in the cross-examination he has stated that X-ray of these injuries was taken but X-ray report has not been exhibited. Of course X-ray plates Ex.P-27 has been produced but according to this witness, the details of these plates have been given on the back-side of Ex.P-26, i.e. the injury report. On the back of it, it is stated that plates Nos. 1003 and 1004 does not show any bonee injury. When there was no bone injury on the vital part of the body as per the injury report itself and it is not established as to who was carrying Kulhari, then basing conviction under Section 307 Indian Penal Code., without there being any evidence of injury being dangerous to life, cannot be sustained. At the most it can be an offence under Section 324 Read with Section 149 Indian Penal Code. because of causing these injuries by sharp edged weapon. The fractures are on the non-vital parts, i.e. Right leg, ulna etc., for which appellants have already been convicted under Section 325 Read with Section 149 Indian Penal Code. The contention of the learned counsel finds favour from Ex.P-26 and statement of doctor, PW-10. 5. The injuries of Shambhoo Lal are all simple in nature and have been caused by blunt weapon vide Ex.P-6. The contention of the learned counsel finds favour from Ex.P-26 and statement of doctor, PW-10. 5. The injuries of Shambhoo Lal are all simple in nature and have been caused by blunt weapon vide Ex.P-6. Therefore, the offence under Section 323 Indian Penal Code. is made out so far as causing injury on the person of Shambhoo Lal is concerned. 6. Learned Public Prosecutor submits that there are 41 injuries on the person of Kalu Ram, therefore, accused should be punished severely. 7. I have seen the injury Ex.P-26. There are only specific 11 injuries. Rest of the injuries have not been specifically shown but they have been only marked on three different parts of the body in photo form out of which injuries Nos. 12 to 29 are bruises on back side. Injuries Nos. 32 to 35 are bruises on left thigh and injuries Nos. 36 to 41 are abrasions and they have been caused by blunt weapon. In view of this injury report and the offence being not proved under Section 307 Indian Penal Code., accused-appellants can only be convicted under Section 325 Read with Section 149, Section 324 Read with 149 and Section 323 Read with Section 149 Indian Penal Code. 8. Consequently, this appeal is partly allowed. Their conviction under Section 325 Read with Section 149 Indian Penal Code. is maintained but conviction of the accused-appellants under Section 307 Indian Penal Code. is altered to Section 324 read with Section 149 and Section 323 read with 149 Indian Penal Code. and they, instead of sentencing, are released on probation under the provisions of Probation of Offenders Act provided each of them furnishes a personal bond of Rs. 20,000/- and surety of like amount to the satisfaction of the learned trial Court for maintaining peace and good behaviour within a period of 30 days. Their sentences of imprisonment and fine are accordingly set aside under Section 307 read with Section 149 Indian Penal Code. and Section 325 read with Section 149 Indian Penal Code. 9. Looking to the nature of injuries, accused are directed to pay compensation of Rs. 4,000/- each, i.e. in all Rs. 20,000/- out of which Rs. 15,000/-shall be paid to injured Kalu Ram and Rs. 5,000/- shall be paid to injured Shambhoo Lal. and Section 325 read with Section 149 Indian Penal Code. 9. Looking to the nature of injuries, accused are directed to pay compensation of Rs. 4,000/- each, i.e. in all Rs. 20,000/- out of which Rs. 15,000/-shall be paid to injured Kalu Ram and Rs. 5,000/- shall be paid to injured Shambhoo Lal. The accused are directed to pay the compensation and submit their bonds, Avithin 30 days from today, else they will undergo the sentence as awarded by the trial Court.Appeal partly allowed . *******