HEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) There are six convicted persons including a lady (wife of one of the convicted persons by name Sharwan). Those were all convicted for various offences under Section 302 read with Section 149 of the Indian Penal Code. All of them were sentenced to imprisonment for life for the aforesaid principal count and to lesser terms of imprisonment for lesser offences. They appealed to the High Court but a Division Bench of the Rajasthan High Court confirmed the conviction and sentence and dismissed their appeals. Among the convicted persons Hema Ram was arrayed as A-1 in the trial Court and he and other convicted persons jointly filed an appeal by special leave in this Court.

(2.) The incident which gave rise to the prosecution case took place at about 10. 00 a. m. on 6-7-1982. The prosecution version regarding the occurrence can be summarised thus:

(3.) Hema Ram the first appellant is the father of Sharwan (fourth appellant) and gopa Ram (Second appellant) and Achlu ram (third appellant) are his brothers. Fifth appellant Narain is the son of second appel- lant, Gopa Ram. As pointed out above, the sixth appellant, Smt. Kamla is wife of sharwan (fourth appellant). They had an agricultural field at Raidhanu in Distt. Nagaur. The deceased Bhiya Ram and his kith and kins were at loggerheads with the appellants on account of skirmishes which took place sometimes prior to the date of occurrence in this case. On 6-7-1982 Bhiya ram, the deceased and his brother Dungar ram (Public Witness -6) proceeded to the agricultural field situated beyond the agricultural land of the appellants. But as they reached near the agricultural land of the appellants, they were attacked by Hema Ram with a spade. The first blow was dealt with on Public Witness -6 Dungar ram. Seeing this his brother Bhiya Ram intervened to rescue his brother. Then Hema ram gave a. blow on Bhiya Ram with the same spade. Hearing the commotion three sons of the deceased and one son of Public Witness -6 reached the spot with lathis, but the appellants attacked them also.