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[CRLA-3/1993]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Appeal No. 3/1993

Mukna Ram

----Appellant

Versus

State

----Respondent

Connected With

S.B. Criminal Appeal No. 436/1992

Ramdeen

----Appellant

Versus

State

----Respondent

For Appellant(s)

:

Mr. Dhirednra Singh Sr. Advocate a/w

Mr. RK Bishnoi

Ms. Laxmi Rathore

For Respondent(s)

:

Mr. Mukesh Trivedi, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

06/05/2022

In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

The incident is of 07.08.1988 which happened near Bhati

Choraha Ratanada, Jodhpur at about 10:00 p.m. when it is alleged

that the jeep of the complainant party pertaining to Excise

Department was attacked by another jeep allegedly consisting of

Ramdeen, Gordhan Ram and Babu Lal. There was an allegation

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[CRLA-3/1993]

that the accused persons assaulted the complainant with Dharias

and Lathis. The charge-sheet was filed after investigation against

five persons.

Mr. Dhirendra Singh, learned Senior Counsel assisted by Mr.

R.K. Bishnoi and Ms. Laxmi appearing on behalf of appellant

submit that though Gordhan Ram was facing the similar

allegations but the learned trial court has after due adjudication

acquitted him. Learned Senior Counsel further submits that in the

investigation itself, Deva and Harlal, who were included earlier,

were excluded when the charge-sheet was filed. It is also averred

that Birbal Ram and Babu Lal, who are the other accused, were

charge-sheeted and died before passing of the judgment.

Learned Senior Counsel for the appellant has drawn attention

of this Court to the testimony of PW-5, in which, he has deposed

that their jeep was attacked and a forceful collusion was caused

by the accused persons, who were about 6 to 7 persons and after

such collusion having been caused, Mukna Ram along with the

others attacked the complainant party with Dharias and Lathis.

The deposition includes that Mukna Ram over ran the PW-5 with

the jeep and the jeep was run over his neck and he suffered

numerous injuries.

Learned Senior Counsel for the appellant has pointed out

that there is nothing in the deposition so made, which can render

the case of the present accused appellants distinguishable from

that of similarly situated person Goverdhan Ram, who was

acquitted by the learned trial court itself.

Learned Senior Counsel for the appellant has further drawn

attention of this Court towards the categorical reiteration by the

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[CRLA-3/1993]

injured witness PW-5 Richpal Singh that he was hit by Dharia by

Birbal, Ramdeen and Gordhan as per his previous statement.

Learned Senior Counsel for the appellant has, thereafter,

drawn attention of this Court towards the statement of PW-4, who

is a Doctor. PW-4, in his statement, has deposed about the 19

injures caused of which the grievous injury was the 19^th injury.

The doctor in his cross-examination has categorically deposed that

the injury is probably not caused by running over of the jeep. He

has further reiterated that the injury No.19 was not external but

had to be treated by the concerned surgeon due to tenderness

and pain. The doctor has specifically opined that the wound which

has been caused in the present case is a lacerated wound.

Learned Senior Counsel for the appellant submits that there

is a consistency of two issues, which has been primarily deposed

by the prosecution witnesses; one is an attacked by Dharia and

another running over of the jeep and both the aspects have been

seriously contradicted by the doctor, who has been examined as

PW-4, as he rules out any injury caused by Dharia and also rules

out the jeep having been over run the neck of the injured persons.

Learned Senior Counsel for the appellant has taken this

Court through