BALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated October 1, 1986 passed by the High Court of Rajasthan at Jodhpur in DB Criminal Appeal No.283/75. The aforesaid appeal arose out of the judgment dated February 21, 1975 passed by the learned Session Judge, Mearta in Sessions Case No. 106/74. The appellant was charged under Section 302, I.P.C., for causing the death of one Roopram on August 19,1974.

(2.) The prosecution case in short is that the deceased Roopram was engaged as a casual labour by the accused for weeding operation. On the noon of August 19,1974, the accused Balu Ram went to his uncle Haru (P.W. 2) and informed him that he had quarrelled with the deceased. On further enquiry by Haru the accused informed him that he had locked the deceased in his Jhumpa and he requested Haru to accompany him to his Jhumpa. Haru was not inclined to go alone and he asked the accused to fetch some people from village so that all of them should accompany the accused to the Jhumpa. After about an hour or so Haru (P.W. 2) went to Megh Singh (P.W. 3) at Megh Singh's field where he was grazing his cattle. Haru mentioned to Megh Singh that Baluram had come to him informed him that he had quarrelled with Roopram and locked him in Jhumpa. Megh Singh was asked by Haru as to what should be done. It is stated that Megh Singh therefore asked Haru to wait till the village folk would arrive and he also advised Haru to go to Bhatonki-Dhani which was the locality where the deceased and his relation were living and informed the people there about the episode.

(3.) The prosecution story is that PW 2 Haru went to Bhaton-Ki-Dhani to meet Mangi Lal (P.W. 4) uncle of Roopram. As he did not find Mangi Lal there, he asked a boy of four years of age to inform Mangilal that Roopram and Baluram had quarrelled and Balu Ram confined Roopa in Jhumpa. On his return P.W. 2 Haru went to Khema (P.W. 6) and told him that Baluram and Roopram had quarrelled and he should accompany to the field of Megh Singh (P.W. 3). Khemaram (P.W. 6) thereafter accompanied P.W. 2 Haru and then all of them went to the field of Megh Singh. From there Haru, Megh Singh and Khemaram went to the Dhani of accused. When they had proceeded to some distance, accused met him and Megh Singh enquired from the accused that why he had not brought the village folk with him to which the accused had replied that nobody from the village was prepared to come. On the way P.W. 3 Megh Singh enquired from the accused where Roopa was at which the accused told him that Roopa had been locked in his Jhumpa. When they reached Jhumpa they found the same was locked and when the said witnesses asked the accused to open the lock the accused placed his hands on the lock and told them that he would open the lock when "Thanedar" would come. Megh Singh called out Roopram from outside the Jhumpa but no response was received. Megh Singh enquired from the accused what the matter was. The accused first kept quiet but later on said that he had given lathi blows to Roopa and Roopa had died. P.W. 3, Megh Singh, told the accused and Haru and also Khema that they would go to Police Station but on the second thought he asked them that Haru should go to the Police Station. Thereafter, all of them left the Jhumpa.