STATE OF RAJASTHAN Vs. MEHRAM

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 5.11.2007 passed by the High Court of Judicature for Rajasthan at Jodhpur[1]in D.B. Criminal Appeal No. 271/1982, whereby the conviction of the respondent No. 1/original accused No. 5 (Mehram S/o Mr. Chhagna Ram) under Section 302 of the Indian Penal Code[2]has been converted into one under Section 326, IPC and the substantive sentence awarded therefor is reduced only to the period already undergone (about five months) by the accused No. 5. At the outset, the learned counsel for the appellant-State had made it amply clear that the State was pursuing this appeal only against the accused No. 5 (Mehram S/o Chhagna Ram) for restoration of his conviction under Section 302, IPC and to award him sentence of life imprisonment.

(2.) Briefly stated, five accused were named in the First Information Report (FIR) registered on 14.8.1981 at P.S. Nagaur in relation to an incident at village Gowa Khurd. The case set out in the stated FIR, as noted by the trial Court, reads thus:-

(3.) All the five accused preferred appeal before the High Court being D.B. Criminal Appeal No. 271/1982. The appeal filed by Ram Niwas (respondent No. 2/original accused No. 3), Heera Ram (respondent No. 3/original accused No. 1), Ram Narayan (respondent No. 4/original accused No. 2) and Laxa Ram (respondent No. 5/original accused No. 4) came to be partly allowed and their conviction under Section 149, IPC was set aside, but under Sections 323, 324, 147 and 148, IPC, the conviction was maintained. They were sentenced for the period already undergone for the stated offences. As regards Mehram S/o Chhagna Ram (respondent No. 1/accused No. 5), the High Court converted the conviction under Section 302, IPC into one under Section 326, IPC on the finding that the said accused had exceeded his right of private defence. Additionally, the High Court confirmed his conviction under Section 148, IPC. Despite the charge of murder and intentionally causing death of Bhura Ram (deceased), the High Court awarded sentence of period already undergone (around five months) by the accused No. 5 and directed him to pay compensation of Rs.50,000/- (Rupees fifty thousand only) to the next of kin of the deceased - Bhura Ram.