LALARAM SURAJMAL Vs. STATE

JUDGEMENT

(1.) THE appellant Lalaram and his brother Karansingh were tried by the Sessions Judge of Morena for an offence under Section 302 read with Section 34, Penal Code for the murder of one Jalim. At the end of the trial, the learned Sessions Judge acquitted Karansingh giving him the benefit of doubt. But agreeing with the opinion of the assessors, he found the appellant Lalaram guilty under Section 302, Penal Code and sentenced him to transportation for life. Lalaram has now appealed to this Court against the conviction and the sentence,

(2.) THE prosecution case was that the appellant Lalaram was a servant of Sukhpal Singh, the zamindar of Kodaira, Madhopur and other villages and that in that capacity Lalaram used to take forced labour from the villagers and also recover from them illegal exactions. As a result of these acts of Lalaram, the villagers were displeased with him and persuaded him to give up the service of the zamindar. The prosecution alleged that the conduct of Sukhpal Singh the Zamindar and of his servant Lalaram was stoutly opposed by the deceased Jalim who constituted himself as a leader of the villagers and who was a close-relation of the appellant. When the appellant Lalaram refused to leave the service of the zamindar, the villagers did not permit Lalaram to share with them the benefit of a patta in respect of certain lands in the zamindari of Sukhpal Singh which the villagers had obtained from the Collectorate. The prosecution alleged that on account of these reasons the relations between Lalaram and Jalim became strained and that on the evening of 8. 5. 51 at about 8 p. m. when Jalim was returning from the village-well with some water, the appellant Lalaram and his brother Karansingh assaulted Jalim with a sword and a farasha and inflicted on him severe injuries. It was said that Lalaram had a sword with him and Karansingh carried a farasha. The prosecution stated that Mst. Ram Devi a daughter of Jalim was with him at the time of the alleged occurrence and that when she shouted the. prosecution witnesses Man Singh son of Hargyansingh P. W. 1, Sardar Singh P. W. 2, Har Prasad P. W. 6 came to the scene and witnessed the occurrence and that thereafter the accused persons ran away from the scene. The first information report was lodged by Jalim himself the same night at 2-30 in the morning in the police Station Jaora. In this report Jalim stated that there was some litigation between him and the accused persons and that earlier in the night at about 8 p. m. when he had gone to the village-well to fetch water, the accused gave him sword-blows and caused him severe injuries; that he was picked up by his cousin Mansingh and his nephew Sardar Singh and that the occurrence was witnessed by all the men and women-folk of the village. In the body of the first information report the accused, persons have not been named. But in the column above it5 the names of Lalaram and Karan Singh were entered as the accused persons. Jalim was then removed to the hospital for treatment. He, however, died on the afternoon on 9. 5. 51. A post mortem examination of the body of Jalim was held by Dr. Londhe, the medical Officer of Joura. The doctor found multiple wounds and fractures on the body of Jalim and came to the conclusion that his death was due to these injuries. A few hours before the death of Jalim, his dying declaration was recorded at about 4-30 a. m. in the morning of 9. 5. 51 by Mr. Apte, the Sub-Divisional Magistrate of Joura. In this statement Jalim said that on the previous evening, when he was bringing water and was near a chabutra Karan Singh and one Lalai met him on the way, and then Lalai struck him with a sword and Karan Singh also gave him a lathi blow; and that at that time, no one was present but later on Man Singh and Sardar Singh came to the scene. Jalim also added in the statement that his ring was removed.

(3.) THE appellant Lalaram was arrested on 24. 5. 51. He denied having given any sword blows to Jalim. He pleaded alibi: