HARIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment, dated De. camber 6, 1967, Sessions Judge, Partapgarh has convicted the accused Uda Barad and Laxman for the offence of murder of Mst. Laduri w/o Pyara Meena, aged about 45 years, Under Section 302/34, IPC, and sentenced them to imprisonment for life each. They have also been convicted under B. 363, IPC. for kidnapping Mst Rajki d/o Pyara. aged about 16 years, and sentenced to rigorous 4 imprisonment for two years each. They were further convicted Under Section 148, IPC, and sentenced to rigorous imprisonment for one year each. The accused Laxman has also been found guilty Under Section 392, I. P. C. , for taking away a silver "hansali' of Mst. Rajki and sentenced to rigorous imprisonment for three years. The appellants Hariram and Onkar have been convicted Under Section 302/149,i. P. C. , and each of them has been sentenced to imprisonment for life. They have further been convicted Under Section 363, I. P. C. , and sentenced to two years' rigorous imprisonment each. They have also been held guilty Under Section 148,i. P. C. and a sentence of one year's rigorous imprisonment has been imposed on each of them. The aforesaid sentences have been directed to run concurrently. Against the above verdict the four convicts have taken the present appeals

(2.) THE material facts of the case as alleged by the prosecution are that on March 24, 19g7, at about 2 a. m. 40 to 50 persons, mostly belonging to the village Jethiya Kbeai, assembled and went to the village Borwana, which is at a distance of about H miles from the police station, Partabgarh. They were armed with guns, daggers, lathis etc. They wanted to takeaway by force. P. W. 3 Mat. Kajki, daughter of Pyara. This they decided to do by way of retaliation, as the accused Laxman'a wife had been taken away by the deceased Pyara's nephew Nagji and subsequently by his another nephew Vajja P. W. 14. The accused first went to Hanoi's house, situate a| No. 8, in the Bite plan Ex. P. 5. Borne of the accused, including Hariram, and Onkar appellants, asked "biris' from Hamji. He got up to give them 'biris', but hid himself at the place marked No. 7 in the plan. Tho place marked 3 is where Rakma Lambra and Vajja were sleeping. Lambra, P. W. (5, was injured. Then some of the assailants went to the place marked No. 1 in the map. There they palled out Mst. Kajki. Her mother Mst. Laouri offered resistance, but she was done to death. Thereafter they proceeded to the place, marked No. 2 in the plan and removed a she. buffalo and its young one after cutting the ropes with which they wore tethered. Then some of them proceeded towards the place marked No. 4 in the above document, wherein Chokhla and Pyara were sleeping. On hearing gun fire reports, both of them got up and were stunned to see a large number of people surrounding them. They, in order to escape impending danger, ran away from the 'path-shal". Chokhla concealed bimaelf at the place marked No. 6 in Ex. P. 5 and Pyara ran away towards point No. 5. Some of the miscreants pursued Pyara and fatally wounded him, as a result of which he died instantaneously Chokhla also sustained certain gun shot injury on the backside of his bead when he was being chased by the attackers. Mst. Rajki, P. W. 3, wan taken by force to the village Jethiya Khedi. She was kept in the house of the accused Amra for sometime. The accused Laxman took out from her neck silver 'hansali' Ex. 6, which she was wearing. Next day morning ehe arailed hersalf of an opportunity of making good her escape and succeeded in reaching her in law's house in the nearby village Atinera. First information report of the occurrence wag lodged by Arjun Singh P. W. 7 with the police station, Partabgarh. Thereupon the police registered a case under 8s. 148, 302/149/34, 380, 364 and 109, Penal Code, and took up investigation. Description memo Ex. P. 4, site plan Ex. P. 5, recovery memo of the 'hansali' Es. P. 16, inquest reports Exs. P. 18 and P. 11) and other requisite documents were prepared. Poat. mortem examination of the dead body of Mst. Laduri was conducted by Dr. Kamal Nayan, Medical Officer, Partabgarh, on March 25, 1: 67. Following injuries were found on her person:

(3.) THE Doctor also conducted the postmortem examination of the dead body of Pyara, Following injuries were foucd on hia person :