ADU RAM Vs. MUKNA

JUDGEMENT

(1.) In our country where large number of people live below the poverty line, destruction of a small quantity of crops, that too by animals in many cases lead to fights and invariably loss of lives. These are normally not premeditated and tempers rise at the spot, physical force is used and by the time sanity prevails, damage is done. Neighbours or even friends and relatives forget the existing comity, and animal instincts take over. The case at hand belongs to such category of cases.

(2.) These two appeals are inter-linked being directed against the same judgment rendered by a Division Bench of the Rajasthan High Court at Jodhpur. By the impugned judgment the High Court altered conviction of the 5 respondents from Section 302 read with Sections 149 and 148, 341 of the Indian Penal Code, 1860 (in short the IPC) to Section 304, Part I read with Sections 149, 148 and 341, IPC. Criminal Appeal No. 646/1999 has been filed by the informant while Criminal Appeal No.647/1999 has been filed by the State of Rajasthan.

(3.) Five respondents (hereinafter referred to as the accused) were found guilty of the offences punishable under Section 302 read with Sections 149 and 148, 341 of the IPC by the trial Court. Instead of life imprisonment as awarded for the first offence, the High Court restricted the custodial sentence to the period undergone which was about 3 years. Accused persons had not seriously contested the occurrence before the High Court. They have only contended that the offence was not covered by Section 302 read with Section 149.