CHET RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ELEVEN accused persons were put to trial for offences under Sections 302, 307, 325, 323, 147, 148, 149 and 201, I. P. C. All the accused persons, except appellant Chetram, have been acquitted of offence under Sections 302, 307 and 325, I. P. C. They have been convicted for offence under Section 323/149, I. P. C. The appellant Chetram has been convicted for the offence under Sections 302, 323 and 147, I. P. C. He has been sentenced to life imprisonment for offence under Section 302, I. P. C. No. separate sentence has been passed for minor offences.

(2.) THE prosecution case as disclosed during the trial is as follows: P. W. 1 Nandram was an employee on the shop of Ganga Ram the father of the appellant Chetram. A sum of Rs. 150/-were advanced as loan to P. W. 1 Nandram. On 10. 2. 79 at about 3. 00 P. M. accused Chetram visited the house of Nandram and asked him to repay the loan. As oral altercation took place between them. Chetram left the place giving threat to Nandram to teach him a lesson. On the same day at about 9. 30 or 10. 00 P. M. while P. W. 1 Nandram was sleeping in his house all the accused persons, namely, Chetram, Purkharam, Lal Chand, Maniram, Taruram, Madanlal, Mst. Surti, Mst. Kamla, Brijlal, Sukhdeo and Dharmchand armed with deadly weapons arrived. THE accused Brijlal was armed with Kasia, Purkharam with Kulhari, Mst. Kalawati with Barchi, Sukhdeo with hockey and the rest of the accused persons with lathis. When Nandram case out of the house all the accused persons assaulted him. Hearing the cries P. W. 4 Lichman, P. W. 2 Mst. Kamla and P. W. 7 Mst. Vimla reached on the spot. THEy were also assaulted by the accused persons. Hearing their cries the deceased Tolaram, P. W. 8 Phool Chand, P. W. 9 Manaram, P. W. 3 Govind Ram and P. W. 10 Sriram in a raised voice asked them not to worry, they are reaching for their help. THE house of Tolaram is at a distance of 85 Pawandas from the house of P. W. 1 Nand Ram. All the accused persons proceeded towards the house of Tola Ram. THE injured eye witnesses, namely, P. W. 4 Lichman Ram, P. W. 2 Mst. Kamla and P. W. 7 Mst. Vimla also followed them. Appellant Chetram struck a lathi blow on the head of Tola Ram. Under the impact of the lathi blow Tola Ram fell down. At that time P. W. 8 Phool Chand, P. W. 9 Manaram, P. W. 10 Sriram, P. W. 3 Govindram etc. also arrived at the house of Tola Ram. THE accused persons assaulted them also. Tolaram and other persons were taken to the hospital at Suratgarh P. W. 4 Lichman Ram lodged a first information report of the incident at police station Suratgarh. P. W. 13 Aast Ali Khan registered the first information report Ex. P/1 and proceeded with investigation. Tolaram died in the hospital on 11. 2. 79 at 7. 45 A. M. After usual investigation the police laid charge-sheet against 11 accused persons for offence under Sections 302, 307, 325, 323, 147, 148, 149 and 201 I. P. C.

(3.) A survey of the prosecution evidence shows that the incident took place in two parts at different locations. The first incident took place outside the house of P. W. 1 Nandram. The witnesses of this incident are P. W. 1 Nandram. P. W. 5 Mst. Chawli wife of Nandram, P. W. 4 Lichma, P. W. 2 Mst. Kamla wife of Lichma and P. W. 7 Vimla. The second incident alleged to have taken place infront of the house of deceased Tolaram. In addition to the witnesses of the first incident the other eye witnesses are P. W. 8 Phool Chand, P. W. 9 Manaram, P. W. 3 Govind Ram and P. W. 10 Sriram.