KAPOORA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26-8-1993 passed by the learned Sessions Judge, Balotra, convicting the first appellant Kapoora Ram of offence under Section 302 IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo six months' rigorous imprisonment. He has also been convicted of the offence under Sec. 307 IPC and sentenced to five years' R. I. and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo three months' R. I. He has further been convicted of the offence under Section 452 IPC and sentenced to two years' R. I. and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo two months' R. I. Second appellant Smt. Pani has been convicted of the offence under Section 302 read with 114 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo one month's simple imprisonment. She has also been convicted of the offence under Section 307 read with 114 IPC and sentenced to five years' R. I. She has also been convicted of the offence under Section 452 IPC and sentenced to two years' R. I. All the substantive sentences have been ordered to run concurrently.

(2.) Briefly stated the prosecution case is that P.W. 1 Smt. Sushila submitted a First Information Report at Police Station, Siwana, stating that on 26-2-1992 at about 9. A. M., while she along with her husband was sitting on the shop, their son Ghanshyam aged 18 years was cleaning the drainage. Hearing the cries of her son, she came out and found that Kapoora Ram was assaulting his son Ghanshyam by an iron rod. She along with her husband intervened to rescue their son but Kapoora Ram assaulted her husband also. At that time, Kapoora Ram's wife came out of the house carrying a knife in hand and exhorted him (Kapoora Ram) to kill them so that dispute comes to an end for ever. On this, Kapoora inflicted a knife blow on the left side of the chest of Ghanshyam on account of which he fell down. He was lifted and brought inside the shop. At that time, Kapoora and his wife again assaulted her husband and caused injuries. Seeing Kapoora Ram entering into the quarrel, Shambhu Singh and Hukma Ram arrived and intervened. It was also stated that Kapoora, his wife and his sons after leaving the shop, started pelting stones on the complainant party. 8 to 10 persons assembled there and witnessed the incident. As the condition of her husband and son was serious, the compounder was called from the hospital. The compounder, in view of their serious condition, advised them to take both the injured to Balotra or Siwana. On the way, Ghanshyam breathed his last. On this information, police registered a case for the offences under Sections 302, 307 and 452 IPC and proceeded with investigation. After usual investigation, police laid chargesheet against both the appellants for the offences noticed above.

(3.) The appellants denied the charges and claimed trial. The prosecution in support of the case examined nineteen witnesses. In statements under Section 313 Cr. P.C, both the appellants denied the correctness of the charges appearing against them. Kapoora Ram stated that he has been falsely implicated in 2-3 cases on earlier occasions as well. He was also threatened in the presence of the Sarpanch etc. that he will be implicated in false case. The case was decided in his favour in the month of December, 1991 and the instant quarrel took place in the year 1992. He also stated that 6 to 7 persons attacked on him by lathis. Bhanwarlal inflicted injuries by "Sariya" on account of which he became unconscious. Thereafter, he was taken inside the shop and the shutter was put down and they tried to tie him by ropes. Bhanwarlal tried to stab knife but as he fell down, the blow struck to Ghanshyam, who was standing in the front. Thereafter, Bhanwarlal put the dragger and took away Ghanshyam. Thereafter, Sushila caused injuries to him by dragger. She tried to cause injuries to him but they were sustained by Bhanwarlal. The defence in support of the case examined four witnesses. The first appellant Kapoora Ram appeared in the witness box as D. W. 4. Analysing the evidence, the learned Sessions Judge found the prosecution case established and, accordingly, convicted and sentenced them as noticed above.