VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 12 accused including the appellants in these two appeals stood charged under Section 302 read with Section 149 148, 201 and 447 of Indian Penal Code and the accused Nos. 1 and 2 charged for offence under Section 27 of the Arms Act, in Sessions Case No. 11 of 1985 in the Court of the learned Additional Sessions Judge, Nohar. By judgment dated March 31, 1986, Ram Pratap was convicted under Section 302 and was awarded a capital sentence for the said offence. The said Ram Pratap and accused No. 2 Het Ram were further convicted under Section 27 of the Arm Act and were sentenced to suffer rigorous imprisonment for three years together with a fine of Rs. 500/- in default, further imprisonment for three months. All the accused were also convicted under Sections 148, 201 and 447 I.P.C. and they were sentenced to suffer rigorous imprisonment for two years and a fine of Rs. 500/-in default of payment of fine to undergo rigorous imprisonment for three months for the offence under Section 148, I.P.C. and they were sentenced to suffer rigorous imprisonment for three years and a fine of Rs. 500/- in default of the payment of the payment of fine to undergo three months' rigorous imprisonment for the offence under Section 201 I. P. C. and a sentence of three month rigorous imprisonment and a fine of Rs. 500/- in default of the payment of fine to undergo three months rigorous imprisonment for the offence under Section 447, I.P.C. Accused Nos. 2 to 12 were also convicted under Section 302 read with Section 149, I.P.C. and each of them was sentenced to suffer life imprisonment and a fine of Rs. 500/- in default three months rigorous imprisonment. Against such convictions and sentences, Ram Pratap Singh, accused No. 1 preferred an appeal being D.B. Cri Appeal No. 68 of 1986. D.B. Crl. Murder Reference No. 1 of 1986 also came up for confirmation of the death sentence passed against Ram Pratap before the High Court (Jaipur Bench). The said Murder Reference and the Criminal Appeals were heard analogously and were disposed of by a common judgment dated April 22, 1978. By the aforesaid judgment, Murder Reference No. 1 of 1986 and D.B. Crl. Appeal No. 52 of 1986 were disposed of by commuting the death sentence to the sentence of life imprisonment so far as accused No. 1 Ram Pratap was concerned. The High Court acquitted accused No. 9 Onkar Singh, accused No. 10 Smt. Nikki, accused No. 11 Smt. Sumitra, accused No. 12 Smt. Harla, but conviction and sentences passed against accused Nos. 2 to 8 were confirmed by the High Court. Against the said judgment of the Rajasthan High Court, accused Nos. 4, 5, 6, 7 and 8 have preferred Crl. Appeal No. 604 of 1988 before this Court and accused No. 2 Het Ram has preferred Crl. Appeal No. 605 of 1988. Both the said appeals have been heard analogously and are being disposed of by this judgment.

(2.) On the basis of an F.I.R. lodged by PW 1 Rajender Kumar, the son of the deceased Bhagaram on May, 21, 1985 at about 5.00 p.m. In Police Station. Nohar in the District Ganganagar, the said Sessions Case No. 11 of 1985 was intitiated before the learned Additional Sessions Judge, Nohar.

(3.) The short facts of the prosecution are that deceased Bhagaram had killed the father of Ram Pratap about 20 years back. Ever since such murder, there was enmity between the family of Ram Pratap and the family of deceased Bhagaram. On May 24, 1982, at about 8.00 or 9.00 a.m. the said Bhagaram and the daughter of the deceased Hari Singh namely Guddi PW-2 brought food for the members of the faimly of Bhagaram who had come to their agricultural field for harvesting and were working there. The adjoining field belonged to Ram Pratap and Het Ram. At about 11.00 or 11.30 a.m. the said Ram Pratap and Het Ram came to the field of Bhagaram each one armed with a gun and they shouted that they would settle the dispute on that day. Thereafter, Ram Pratap fired from his gun on Bhagaram and Het Ram fired from his gun on Hari Singh, brother of Bhagaram. and both Bhagaram and Hari Singh fell on the ground being injured by the gun shot. Balram, Vijai Singh, Banwari, Rai Singh being armed with Kasia and Raghuveer, Devi Lal, Nikki, Harla being armed with lathis also came there shouting to kill the deceased and other members of their family who were present there. Inder Raj and Hans Raj, brother of Rajender, seeing the said accused started running but they were apprehended and with kasias and lathis both Inder Raj and Hans Raj were done to death at the spot. After killing the said two persons, the accused went to the thrashing ground where Bhagaram and Hari Singh were lying critically injured. Smt. Dhabi, mother of Bhagaram and Hari Singh, requested the accused not to kill them but the accused did not pay any heed to such request and both Bhagaram and Hari Singh were, further assaulted by Balram and the wife of balram with khasis and they died immediately. Thereafter, the dead bodies of all the said four deceased were picked up by the accused and they were brought to the thrashing ground of the accused and the said bodies were put on the firm waste (guna) and the said guna was thereafter lighted. Smt. Dhabi followed the accused in their field. At that time, accused and the said bodies were put on the firm waste (guna) and the said guna was therafter lighted. Smt. Dhabi followed the accused in their field. At that time, accused No. 1 Ram Pratap caught hold of the said Dhaoi and threw her in the fire. Rajender PW-1 hid himself in a nearby field at a little distance and noticed the incident of killing. He thereafter Code on the camel which was Kept tied near their field and started runing towards the village. Accused Ram Pratap and Het Ram seeing Rajender fleeing away had fired four shots from their guns aiming at Rajender but they missed the the target and Rajender was not hit. He reached his house and out of fear kept himself concealed for some time. His sister PW-2 Guddi who was present in the Kotha (room) in the thrashing yard at the time of occurrence and had noticed the incident also ran to their house and then the incidents were narrated to the mother and the aunt of Rajender. thereafter, he went to the Police Station which was about 20 kilometers away from his village and lodged the said FIR at about 5.00 p.m. In the FIR, the names of all the accused excepting Onkar Singh were mentioned.