BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TOTLA, J. Appellants (i) Ram Chandra @ Chandra Ram s/o. Magni Ram in appeal No.416/05, (ii) Babulal s/o. Prabhu Ram in appeal No.621/05 and (iii) Bhaga Ram s/o. Magna Ram & (iv) Pukh Raj sons of Manga Ram in appeal No.714/05, have challenged their conviction and sentence for the offence of (a) S.302 read with S.149 IPC life imprisonment with fine Rs.5,000/-, failing to pay three years imprisonment, (b) S.307 read with S.149 IPC life imprisonment with fine Rs.3,000/-, in default two years, (c) S.364 IPC five years rigorous imprisonment and fine Rs.2,000/-, in default one year, (d) S. 454 IPC one year rigorous imprisonment with fine Rs.500/-, in default one month, (e) S. 201 IPC three years' rigorous imprisonment with fine Rs.1,000/-, in default on year, (f) S.148 IPC one year simple imprisonment, (g) S.323 one month simple imprisonment, (h) S.341 IPC one month simple imprisonment, recorded and directed vide judgment dated 15.4.05 before the Court of Additional Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case Nos. 6/03 and 129/03. All the substantive sentences are ordered to run concurrently.

(2.) Incident and sequence of events allegedly, per prosecution are that on 19.9.02 at about 7.00 p.m. Mehra Ram PW 1, reaching police station, Kherapa, submitted written report Ex.P2 to the then incharge ASI PW 16, informing that on that day in evening at about 6.30 p.m., when he, mother Jhamku and sister Sua were sitting in dhani came in a jeep No.RJ 21 C 4304 Chandra Ram s/o. Magna Ram, Pukhraj s/o. Magna Ram, Bhaga Ram s/o. Magna Ram, Magla Ram s/lo. Ruga Ram, Durga Ram s/o. Puna Ram, Kharta Ram s/o. Puna Ram, Babulal s/o. Prabhu Ram, Prakash s/o. Mangna Ram, Ramaram s/o. Durga Ram and others, totaling 15 who all Jats of Chataliya and others of Nagaur - came armed with lathi, dhariya, sword, revolver and they entering dhani, did beat them and while beating by them continued, arrived his sister's husband Mohan Ram so all these persons observing Mohan Ram and to assault him apprehendingly following him tried to detain him and, as Mohan Ram to protect self ran away on motor cycle these persons following him in jeep, and stopping him inflicted injuries to him informer PW 1 runningly went and intervening tried to protect but these persons picking up Mohan Ram, and to kill him, have taken him in jeep so, and he (PW 1) at P.S. to report. ASI PW 16, making own endorsement and also mentioning (to him) of PW 1, that incident, happened because of land partition dispute between them and elder father Magna Ram s/o. Rama Ram, registered FIR No.139/02 Ex.P41 for the offences of Ss. 147, 148, 149, 452, 364, 323, 341 and 379 IPC. Regarding FIR, PW 16 also mentioned that injured are being got medically examined.

(3.) SHO PW/26 commencing investigation per him (i) in morning of September 20th, on receiving information by some informer reached Khadepa Melana road milestone of Khedapa 2 km and finding there near Goshala dead body of Mohan Ram prepared memos and sketch of the place Ex.P/19 and 22 collecting samples of spread blood and plain soil was sealed and packets marked as S1, S2 - there in pocket of pant on the person of Mohan Ram was also a live cartridge of 12 bore (ii) place of dead body photographed by PW/15 positives P/44 to 50 and negatives, 44A to 50A, (iii) Examining body, prepared memos P16 and 17, describing injuries which included that of head (iv) directed for postmortem which performed by Medical officer PW/27 proving memo P/17 - shirt pant and underclothes of Mohan Ram taken and sealed preparing memo P/20 packet marked A. SHO PW/16 in course of investigation also inspecting place of beginning of occurrence, the dhani, which also was place where deceased Mohan Ram was beaten and now where kidnapped - and there found (a) toy pistol, (b) a dhariya, (c) bamboo peel (chhal) pieces with blood like stains (d) shoe and handkerchief said to be of deceased, (e) broken glass pieces of light of motor cycle taken preparing memo and sketch Ex.P/3 .