SURJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals arise out of common judgment of the learned Sessions Judge, Bikaner dt. 1/12/1984. In the incident seven accused persons were involved, out of which one Nanak Ram was absconding, therefore, after his arrest he was separately tried, while six accused persons have been tried vide Sessions Case No.63/83. Obviously, since Nanak was separately tried, and his case was decided by the separate judgment, appeal filed by that accused against that judgment, being Appeal No. 314/90, shall be separately decided on the basis of the material on record of that sessions case.

(2.) THE necessary facts are, that some unknown persons gave a telephone information in the Police Station, Nokha on 29/5/1983, which was entered vide Roznamcha, being Ex.P- 43, and Aste Ali P.W. 13 went to the spot, who found victim Shera Ram in seriously injured condition. He recorded the statement of Shera Ram Ex.P- 9. Injured was sent for medical assistance to Nokha Hospital, and Ex.P-9 was sent to the police station along with constable for registration of regular F.I.R., however, he stayed back on the spot. THE F.I.R. is registered as Ex.P-55. On the spot Shivji Ram was found dead, his inquest report Ex.P- 32, site plan and site inspection note being Ex.P-2 and Ex.P-56 were prepared, blood stained earth and control earth were taken into possession vide Ex.P-33, Jeis of the accused Chuna Ram, and Nanak were found lying broken on the spot, and wooden Jei of Shivji Ram was found blood stained, which all were taken into possession vide Ex.P-34, the foot wears of Shivji Ram and Shera Ram were also found on the spot which were taken into possession vide Ex.P-35, dead body was sent for post mortem examination, which was conducted by Dr. Motilal Mishra P.W.9, Post Mortem Report is Ex.P-43, the blood stained apparel of the deceased were seized vide Ex.P-10, one Odni of Mst. Dhuri was taken into possession from the person of the deceased vide Ex.P-36, the sealed packets were deposited in the police station. After completing further necessary investigation challan was filed in the Court of Munsiff and Judicial Magistrate, Nokha against six accused persons, being Bhera Ram, Sadula Ram, Chuna Ram, Surja Ram, Mohan Ram, and Gordhan Ram. We may notice here, that accused Bhera Ram and Chuna Ram are real brothers being sons of Megha Ram while Surja Ram and Mohan Ram are the real brothers being the sons of accused Sadula Ram. THE learned Magistrate committed the accused to the learned trial court.

(3.) THE prosecution has examined Shera Ram P.W.7, the injured, Mangilal and Balu Ram P.W. 2 and 11 respectively and also examined P.W. 6 Dhuri, also an eye witness, who had come on the spot, and by falling upon victim Shera Ram had saved him, and had tied her Odni on the head of Shivji Ram to prevent further bleeding, which Odni was recovered from the dead body, vide Ex.P-36, as mentioned above. THE broken Jeis were seized from the spot as noticed above vide Ex.P-34. However, the two Barchhis Article Ex.P-12 and P-13 were recovered from the accused persons Surja Ram and Mohan Ram, which were sent for forensic examination, and were found, to be stained with human blood. Before proceeding further we may notice, that as appears from the post mortem report Ex.P-43, the deceased Shivji Ram was having as many as nine injuries, out of which the first one was fatal one, being the incised wound 6 1/2 x 1/2 inch brain deep on the head. While the injured Shera Ram had as many as 11 injuries on his person, which included one lacerated wound 6 x 1 x 1/2 cm. on the left side of the head 7 cm. above the left ear. He had one more injury on the head. THE other injuries were of course on non- vital part of the body like scapula, legs and hands. THE injury report is Ex.P-44. Now before proceeding further we may straightway come to direct evidence produced, being of P.W. 2, 6, 7 and 11. THEn, we may consider other evidence also, as may be necessary.