KERA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FOURTEEN accused persons alongwith one Khetaram (since dead) were put to trial for offence under Sections 147, 148, 302, 302/149, 307, 307/149, 323, 324, 325 and 326, I. P. C. The learned Sessions Judge, Jodhpur by the judgment dated May 21, 1981 acquitted eight accused persons viz. Jogaram, Chotharam, Deraram, Bhakarram, Muknaram, Manaram, Jetharam and Boraram of all the charges. The State has preferred appeal against acquittal of aforesaid accused persons. The appeal has been registered as D. B. Criminal Appeal No. 43/82. Accused Keraram son of Rawat Ram, Mangla Ram, Deva Ram, Gokul Ram, Magna Ram and Kera Ram son of Nena Ram have been held guilty of offence under Section 304/149, I. P. C. and each of them have been sentenced to four years'rigorous imprisonment. They have also been convicted and sentenced for the allied offences. They have preferred D. B. Criminal Appeal No. 361/81 aggrieved of their conviction and sentence. Both the appeals are decided by common judgment.

(2.) THE prosecution case as set out during the trial is that in village Bardlia, District Jodhpur there are two factions, one headed by Sarpanch P. W. 15 Kharta Ram and other by accused Magna Ram. Kharta Ram and Magna Ram pitched against each other in the last Panchayat election held somewhere in April, 1978. Kharta Ram won the election. THE members of the complainant party belong to Kharta Ram's party while the accused persons are in the camp of accused Magna Ram. It is alleged that the accused party became inimical with the complainant party, and on 11. 9. 78 went to the shop of Kishna Ram and killed him. THEy also thrashed other member of the complainant party. F. I. R. of the incident was lodged by P. W. 9 Kheraj Ram at Police Station, Jhanwar, stating inter alia that at about 11. 00 AM while he was sitting on his shop alongwith his brother P. W. 4 Basta Ram and deceased Kishna Ram, the accused persons namely Kheta Ram, Kera Ram son of Rawat Ram, Magna Ram, Joga Ram, Gokul Ram, Mangla Ram, Deva Ram, Chotha Ram, Dera Ram, Bhakar Ram, Mukna Ram, Mana Ram, Jetha Ram, Kera Ram son of Nena Ram, and Boraram arrived with a view to kill them. THEy were armed with lathis, dhariyas and Balams. Kheta Ram gave a dhariya blow on the head of Kishna Ram. On account of the injuries sustained while he was reeling down he gave another blow on his leg. On the intervention of Basta Ram, Keraram inflicted injury on him by dhariya. When Kheraj Ram and Chena Ram intervened, Mangla Ram inflicted injury on Kheraj Ram by dhariya. Magna Ram inflicted lathi blow on the head of Chena Ram. THEreafter all the accused persons belaboured the victims who had fallen on the ground. On hearing their cries, Kishore Singh, Gokul Ram, Bhinya Ram etc. arrived. On this information the police registered a case for offence under Sections 307, 324, 323, 147, 148 and 149, I. P. C. and proceeded with investigation. Kishna Ram died in the hospital and as such offence under Section 302, I. P. C. was added. After usual investigation the police laid charge-sheet against 14 accused persons and Kheta Ram.

(3.) P. W. 5 Chena Ram, P. W. 7 Bhinya Ram and P. W. 9 Kheraj Ram are also injured witnesses. All the three witnesses have given the same version of the incident. P. W. 6 Kharta Ram and P. W. 8 Gokul Ram have also given the same version of the incident. All the six witnesses were cross-examined at length by the defence but nothing could be elicited to discredit the testimony of these witnesses. Thus there is no reason not to accept the testimony of six eye witnesses, more particularly of the four injured eye witnesses. The testimony of these witnesses is corroborated by the medical evidence.