STATE OF RAJASTHAN Vs. HEERA LAL

JUDGEMENT

(1.) THE death reference, as also the aforesaid three appeals arise out of the judgment dated 11.12.1997 of the learned Additional Sessions Judge, Sikar, whereby, she convicted Heera Lal, Moola Ram and Sonki under Section 302 read with Sec. 34 IPC and sentenced Heera Lal and Moola Ram to death and Sonki to imprisonment for life and a fine of Rs. 5,000/ -. The three accused were convicted under Sec. 323 IPC also and sentenced to six months R.I. and a fine of Rs. 500/ -. Sonki as convicted u/S. 341 IPC also sentenced to one month S.I. Bimla, the fourth accused was acquitted of all the charges. The State has challenged the acquittal of Bimla and the appellants, who have been convicted, have called in question their conviction and sentence.

(2.) THE facts which have emerged during the trial of the case are these. Pooran Singh @ Pooran Mal (deceased), Heera Lal and Moola Ram (accused) and Jaman were real brothers. Ram Lal (deceased) was the son of Heera Lal. Jamna is said to be mentally disturbed. Some days before the occurrence, Jamna transferred his part of the land in favour of the son of Ram Lal, which enraged the appellants. The prosecution case is that on 10.7.1996 at about 6.30 A.M. Pooran Singh was preparing for going to Sikar when Sonki accused tried to stop him by pulling his shirt and trouser and both the male accused, armed with axes, went there and caused injuries to Pooran Singh, and as Moola Ram rushed to the spot, to save his father, injuries were inflicted on him also and when Barji wife of Ram Lal and Kesar wife of Pooran Singh tried to save their husbands, they were also given beatings. It is alleged that Sonki and Bimla had also caused injuries to both Pooran Singh and Ram Lal (deceased persons). The prosecution case further is that both Kesar and Barji having suffered injuries, became unconscious and they regained consciousness in the hospital whereupon, the statement of Kesar was recorded by Shri Ahad Khan (PW 23), on which a case was registered at Police Station Nechhwa at 5.30 P.M. The prosecution evidence indicates that Shri Ahat Khan, I.O., had reached the place of occurrence at about 9 A.M. on receiving a wireless message from his Superior Officer that murders had taken place in village Mathor and after reaching there, he sent the two ladies; Kesar and Barji, for treatment to the hospital at Sikar and held the preliminary investigation. During investigation the police interrogated the witnesses, inspected the site, arrested theaccused and recovered incriminating articles at their instance. After the completion of the investigation, a challan was filed.

(3.) THE trial Court, after hearing the arguments of the learned Public Prosecutor and the learned counsel for the accused persons, held that both Pooran Singh and Moola Ram had met homicidal death. It further held that Smt. Bimla had not taken part in the occurrence, and acquitted her of all the charges. Holding that Heera Lal, Moola Ram and Sonki had shared common intention to cause the death of Pooran Singh and Ram Lal and they had taken part in the occurrence and had given beatings to Barji and Kesar, the trial Judge convicted and sentenced the appellants as stated above.