BRIJ LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) According to the allegations levelled in the complaint, the appellant Brij Lal and Mohan Lal - PW-15 were both employed in the Irrigation Department of the State Government. They were both holding the posts of Gauge Reader. They also resided in government quarters at Suleman-ki-Head, close to one another. The appellant Brij Lal allegedly used to hurl abuses at Mohan Lal - PW-15 under the influence of liquor. Some others, including Kashi Ram, co-accused, used to side with the appellant Brij Lal, in his misbehaviour with Mohan Lal PW-15. In order to settle the dispute amicably Mohan Lal PW-15 called a "panchayat" (council). The endeavour of Mohan Lal PW-15, through the panchayat, proved unsuccessful. Eventually, he addressed a communication dated 18.8.1983, to the Assistant Engineer of the Irrigation Department, highlighting the inimical attitude of the appellant Brij Lal. Since the said complaint also did not lead to any fruitful result, Mohan Lal PW-15 quit his government accommodation, and took up rental accommodation in the house of Mohan Ram PW-1.

(2.) The incident which has given rise to the present appeal, occurred on 30.9.1983 at around 9 p.m., at the house of Mohan Ram PW-1, i.e., the premises to which Mohan Lal PW-15 had shifted, to keep himself away from the appellant Brij Lal. At the time of occurrence, Mohan Lal PW-15 was present in the said premises, along with his wife and children. It was alleged, that the appellant Brij Lal and the co-accused Kashi Ram hurled abuses at Mohan Ram - PW-1, who was sitting outside, in front of his house. The appellant and the co-accused asked Mohan Ram PW-1, to call out Mohan Lal PW-15, as they wanted to kill him. It was the assertion of Mohan Ram PW-1, who eventually lodged the complaint, that he had requested the appellant Brij Lal and the co-accused Kashi Ram, not to create any trouble at his house. He asked them to fulfill their intentions at some other place. Unmindful of the advice tendered by Mohan Ram PW-1, the appellant and the co-accused started hurling abuses at Mohan Ram PW-1. At that juncture, Mohan Ram PW-1 realized, that the accused and the co-accused were in possession of pistols. Mohan Lal PW-15, having heard the appellant and the co-accused hurling abuses, and also, threatening to kill him, scaled the boundary wall of the premises, and hid in the flour mill of Milkha Singh, located in close vicinity of the house of Mohan Ram PW-1.

(3.) Hearing the altercation and the phone-calls made by Mohan Ram PW-1 and Mohan Lal PW-15, neighbours and co-villagers, came to the place of occurrence. They too requested the appellant Brij Lal, and the co-accused Kashi Ram, to go away. Instead of leaving, the accused-appellant, as well as, the co-accused openly proclaimed, that they would not leave without killing Mohan Lal PW-15. Under the pressure of the neighbours and the co-villagers, they moved towards the front of the house of Sultan Bhat, located in front of the house of Mohan Ram PW-1. At that juncture, the neighbours and the co-villagers went towards the spot at which the accused-appellant Brij Lal and the co-accused Kashi Ram had retreated, and again requested them to desist from their intentions. According to the assertions made in the complaint, at the instance of the co-accused Kashi Ram, the appellant Brij Lal fired at the gathering. Om Prakash and Sultan Bhat received bullet injuries from the shots fired by Brij Lal. Om Prakash died on the spot. Sultan Bhat was rendered unconscious. He was removed to hospital, where he died on the following day, i.e., on 1.10.1983. Kashi Ram also fired from the gun in his possession. It hit Mst. Munni Devi (a woman), who also died on the spot. In the firing under reference, Labh Singh and Sheria (a 5 year old boy) were also injured. The report of the above incident was lodged by Mohan Ram PW-1, on 1.10.1983 at 12.05 a.m.