STATE OF RAJASTHAN Vs. TEJA RAM

JUDGEMENT

(1.) It was by a midnight blitz that two sleeping inmates of a dwelling house were axed to death by armed assailants. One of the victims was the old mother of the other victim. The younger among them was not the target of the assailants but he was mistaken for his brother. In the Sessions Court seven persons were put on trial as the assailants in the aforesaid double murder episode. Out of them six were convicted under S. 302 read with S. 149 of the Indian Penal Code and for certain other lesser but allied offences. They were sentenced to imprisonment for life for the principal offence and for lesser terms for the lesser offences. When they appealed a Division Bench of the High Court of Rajasthan set aside the conviction and sentence and acquitted them all. State of Rajasthan has, therefore, come up in appeal to this Court by special leave.

(2.) As there were seven accused in the case, out of which six are the respondents now, they can be referred to as accused in the same rank as they were arrayed in the trial Court so that possible mistake in identifying them can be prevented. A1 Teja Ram, A2 Ram Lal and A3 Bhanwar Lal are the sons of one Maga Ram and they are cousins of deceased Ram Lal. Other accused are close relatives of those two accused. The backdrop of the case unfurls a story of continued hostility which existed as between the cousins on account of disputes over landed properties. PW. 15 Mota Ram (son of deceased Smt. Gamni) had launched litigation against A1 and A2. On a motion made by him the authorities concerned have initiated proceedings under S. 107 of the Code of Criminal Procedure against A1 Teja Ram and A2 Ram Lal. Thus, they looked upon each other with bitterness.

(3.) The incident happened on the night next morning of which was a Sunday (13-9-1981). Prosecution case is that all the seven accused, armed with axe and lathis etc. travelled in a tractor and at a subsequent stage they walked on foot and reached the house of the deceased by midnight.