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1997 Supreme(Raj) 357

G.L.GUPTA, S.C.MITAL
STATE OF RAJASTHAN – Appellant
Versus
CHATRA RAM – Respondent


Advocates Appeared:
R.N.BISHNOI, S.M.Singhvi

Judgment


GUPTA, J.

( 1 ) THROUGH this appeal State of Rajasthan has challenged the acquittal of 9 respondents by the learned Addl. Sessions Judge, Nagaur vide his judgment dated 30-4-1982 under Sections 147, 148, 302, 302/149, 307, 307/149, 323 and 324/34, IPC.

( 2 ) THE case relates to an occurrence which took place on 5-10-1980 at 7 p. m. in village Chhila in which four persons received injuries. Phoosaram succumbed to injuries after some time. The FIR Ex. P/4 was lodged by Dula Ram (PW 5) at Police Station, Balaji wherein it was stated that when he along with Phoosa Ram, Pema Ram and Sona Ram were returning to their houses from the field of Pusa Ram, they were given beatings in the field of Jogidan by Chandra Ram, Narain Ram, Chatra Ram, Sheraram Birma Ram, Kishan Ram, Purkha Ram, Birma Ram and Mohan Ram. On this report a case under Sections 147, 148, 149, 307 and 323, IPC was registered in the police. The police obtained the injury reports of Pusa Ram, Sona Ram, Dula Ram and Pema Ram, inspected the site and interrogated the witnesses. On the death of Pusa Ram, Section 302, IPC was added. Autopsy of his body was held by Dr. P. S. Gehlot (PW 3) who prepared the post-mortem Repor






















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