PURAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed under Section 374 Cr.P.C., the accused appellants are challenging the judgment and sentence dated 17.6.1987 passed by the learned Additional District and Sessions Judge No. 1, Hanumangarh in Sessions Case No. 14/1986, by which the learned trial Court has convicted the accused appellant Om Prakash under Section 302, 148 and 364 IPC and rest of the accused appellants, namely, Puran Ram, Sultan, Jodhram, Raju, Hajari and Kaluram have been convicted for offence under Section 302/149, 148 and 364 IPC. The accused appellant Om Prakash for the offence under Section 302 IPC and rest of the accused appellants for the offence under Section 302/149 IPC were sentenced to undergo imprisonment for life alongwith fine of Rs. 100/ - to be paid by each of them and in default of payment of fine, to further undergo simple imprisonment for 15 days. For the offence under Section 364 IPC, all the accused appellants were sentenced to undergo imprisonment for life alongwith fine of Rs. 100/- and in default of payment of fine, to further undergo simple imprisonment for 15 days. Further, for the offence under Section 148 IPC, all the accused appellants were sentenced to undergo rigorous imprisonment for three years alongwith fine of Rs. 100/ - and in default of payment of fine, to further undergo simple imprisonment for 15 days All the sentences were ordered to run concurrently.

(2.) As per the brief facts of the case, on 14.11.1985, an FIR (Ex. P.1) was registered under Section 302, 364, 147, 148, 149 IPC at Police Station Hanumangarh Town at about 4 o'clock on the basis of the statement of Smt. Lichhma, wife of the deceased Jaisaram, in which it was alleged by the complainant Smt. Lichhma (PW.1) that due to an incident of beating by her husband Jaisaram and one Sahabram 10-12 years back to accused appellants Puran Ram and Sultan, relations of the deceased Jaisaram and the accused appellants Puran Ram, Raju and Sultan were not good and on 13.11.1985 at about 7.00 p.m., her son Fattaram (PW. 2) upon her instruction went to the residence of Hukmaram to bring money back but did not return, then her husband deceased Jaisaram went to call him at about 7.30 p.m. At the time, she heard a loud cry of her husband and rushed to the place from where the noise was coming and saw that near house of one Nayak near the dustbin, the accused persons were beating her husband and all the accused appellants were saying that today they will not spare her husband deceased Jaisaram. As per the allegation of the complainant, the accused appellant Puran Ram and Om Prakash caught hold of the legs of the deceased and dragged him towards the liquor shop, where Rajuram was drinking liquor and all the accused persons started beating her husband deceased Jaisaram. In the statement of the complainant Smt. Lichhma, all the accused appellants gave severe beating to her husband deceased Jaisaram and it resulted into his death. It is specifically stated that Dulichand hit her son Fattaram on his back with lathi and asked him to leave else threatened to beat him also. The complainant party requested the accused persons to spare the life of the deceased, but they did not leave him. In the meantime, her neighbour Bakhtawar (PW. 4) also came there and requested to spare the deceased Jaisaram but due to threatening and fear, the complainant and her son came back to home. At home they received information from maternal uncle Motaram (PW. 3) that after beating, the deceased has been dumped near the school, but due to fear they did not go to the place of occurrence and filed the FIR at about 4.00 p.m. on 14.11.1985 at Police Station Hanumangarh Town.

(3.) After registration of the FIR, inquest report was prepared and body of the deceased was sent to the hospital for postmortem. The postmortem was conducted on 15.11.1985 at 8.15 a.m. The Investigating Officer commenced investigation and arrested the accused appellants and after usual investigation in accordance with the provisions of Cr.P.C., filed challan against 8 persons in the Court of Additional Chief Judicial Magistrate, Hanumangarh and challan against one Brijlal was filed in the Children's Court as Brijlal was minor. The case of the accused Dulichand was also transferred to the Juvenile Court vide order dated 5.2.1986 passed by the Additional Chief Judicial Magistrate, Hanumangarh because Dulichand was also minor on the date of incident and case of the rest of the accused appellants was committed to the Court of Additional District and Sessions Judge No. 1, Hanumangarh.