MUKNARAM & ORS. Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against the judgment dated 2.12.1983 passed by the learned Sessions Judge, Churu, whereby the learned Judge has convicted the accused appellants under Sec. 141 I.P.C. and sentenced them to one year's rigorous imprisonment. By the same judgment, the accused appellants were also convicted under Sec. 302 read with Sec. 149 I.P.C and sentenced to imprisonment for life, and a fine of Rs. 1000.00. and in default of payment to further undergo 6 months rigorous imprisonment. Learned Judge also convicted the accused appellants under Sections 324/149 and 323/149 and sentenced to 1 year's on the first count and 6 months rigorous imprisonment on the second count. The accused appellants were also convicted under Sec. 447 I.P.C. and sentenced to 3 months rigorous imprisonment. All the substantive sentences were directed to run concurrently.

(2.) The brief facts, which are necessary for the convenient disposal of this appeal, are that on 30.9.1981 in the evening Bhikharam, Nanuram, their sister Mst. Bali and mother Mst. Jhuma and younger sister were working in their field and removing the grass. It is alleged that in the evening accused appellants along with Sohan, Girdhari and Menki came to their field armed with lathis Jei, Chosangi and Kulhari and after coming over there they started beating to Bhikha, and Nanuram. When Mst. Bali and Mst. Jhuma tried to intervene, they were also given beating by the accused persons. As a result of the beating given to them Mst. Bali and Mst. Jhuma ran away to the near by Dhani. It is alleged that accused kept on beating Bhikharam and Nanmam. At that time Ramkaran P.W. 4 and Manaram P.W. 5 also came on the scene, but they were threatened by the accused. Therefore, they could not intervene and ran away. After giving beating all the accused persons left from there. It is alleged that at about 9 P.M. Malaram P.W. 6 uncle of the victims came back alongwith his Hock of sheeps and found Mst. Bali and Mst. Jhuma in an injured condition in the Dhani. Mst. Bali informed him about the whole incident. Thereafter Manaram found Nanuram dead and Bhikharam was alive at that time. At the same time Malaram went to the police station Sandwa and filed a report at the police station. The police on this information registered a case under Sections 147, 148, 149, 302, 447, 323 I.P.C. Sub-Inspector P.W. 10 Panna Lal immediately rushed to the scene of occurrence and Bhikharam injured was sent to the Hospital at Ladnu. But Bhikharam also died. After this the dead bodies of Bhikharam and Nanuram were sent for post-mortem examination. Bhikharam had about 13 injuries and out of them 10 injuries were by sharp edged weapons. He had 6 injuries of sharp edged weapons on his head and other injuries were on various other parts of the body. Nanuram deceased had in all 7 injuries on his person, out of them 5 injuries were by sharp edged weapons and one of that on his head and other injuries were on nose, left arm and back. Mst. Bail received in all seven injuries including incised wounds on the head. Likewise, Mst. Jhuma had 4 injuries including one injury on head by a sharp edged weapon. Thereafter, the police took up the investigation and some of the accused persons were arrested on 2-10-1981, namely, Rameshwar son of Muknaram, Muknaram, Laxmanram, Mst. Menki, Mst. Bali, Mst. Khoturi and some of the accused were arrested on 4-10-1981. Gandasi, Jei and Kulhari were recovered at the instance of the accused persons. Some clothes were also found to be blood stained as such they were also seized. The blood stained articles were sent to the Forensic Science Laboratory. According to the report of F.S.L. some were found to be blood stained, but they could not say whether it was human blood or not. After close of the investigation, the police filed a challan against the accused persons under Sections 302, 147, 148, 149, 324, 447 and 323 I.P.C All the accused persons were committed to the Court of Sessions for trail. The charges were framed against the accused persons under Sections 148, 302 or 302/149,324/149, 323 or 323/149 and 447 I.P.C. The accused denied the allegations. But Mst. Kheturi has deposed that they abused the S.P. & Dy. S.P. therefore all the accused were taken up in a jeep. Accused Bhinvaram has said that on the relevant day he, his father Muknaram, his brothers Rameshwar and Laxman, mother Mst. Kheturi and sister Bali were not at the place of incident but were in Chandai Wale field. Accused Rameshwar son of Chunaram stated that on the fateful day he was not on the scene of occurrence but was in his village. The prosecution in support of its case examined as many as 10 witnesses and Bhanwar Singh Patwari was also produced to prove the khatedari. He also produced Jamabandi Ex.P. 1 and map of the field Ex.P. 2. But he was declared hostile.

(3.) The learned Sessions Judge after due trial convicted the accused Muknaram, Rameshwar son of Muknaram, Laxmanram, Bhinvaram, Smt. Kheturi and Smt. Bali as aforesaid. Being aggrieved with the aforesaid judgment and conviction the appellants have preferred the present appeal before this Court.