ARJUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by special leave of this Court has been directed against the judgment of the High Court of Rajasthan passed in Criminal Appeal No. 285/90 affirming the conviction of the four appellants for an offence under Section 302. I.P.C. by the Additional Sessions Judge. Deeg in Sessions case No. 8/89; imposing sentence of life imprisonment on all the four appellants (herein).

(2.) The four appellants, namely Arjun, Rampal, Bhagwan Singh and Mukhoram were charged and tried along with four other acquitted accused, namely, Nathu, Pannalal, Damodarlal and Badley under Sections 302 and 148 read with Section 149 of the I.P.C.

(3.) The prosecution case was that on 27-11-88 at about 11 a.m. when the deceased Jyoti Ram followed by his brother Bohari PW 1, was going from his village Baroli Dhau to an adjoining village Pasopa to purchase water pipe, he was way laid and surrounded by the appellants and four other co-accused who emerged from mustard field. The appellants Bhagwan Sahai, Rampal and Arjun were armed with Farsas and the appellant Mukho Ram was armed with Ballam while the rest of the four acquitted accused are said to be armed with lathies. It is said that the appellant Arjun exhorted the other accused persons to kill Jyoti Ram and then all assaulted Jyoti Ram with the weapons they were armed with. When the assault was opened on Jyoti Ram he raised hue and cry inviting the attention of Puran, PW 3 who was present in the nearby field and Bhagwan Sahai, PW 2, Harish Chandra, PW 4, Sat Pal Singh, PW 7, who had just come out of the Panchayat Bhavan after the meeting. They all rushed to the place of occurrence to rescue Jyoti Ram. The appellant and the other four acquitted accused on seeing the villagers and witnesses approaching the place of occurrence made their escape good.