PURKHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Addl. Sessions Judge, Nagaur exercising jurisdiction in the court of Sessions Merta has convicted appcllants -Purkha Ram, Mega Ram, Amra Ram, Hema Ram, Moola Ram S/o Dana Ram, Chunna Ram, Rewat Ram. Moola Ram S/o Baga Ram, Bhika Ram, Sona Ram, Anna Ram, Mohan Ram, Dhira Ram, Jeewan Ram and Poosa Ram for offences Under Section 302 read with Section 149, 307 read with Section 149, Section 325 read with Section 149 and Section 323.I.P.C. He has further convicted appellants Anna Ram, Bhika Ram and Moola Ram S/o Dana for offence Under Section 148, I.P.C. All other appellants have been convicted for offence Under Section 147, I.P.C. Appellant Anna Ram has been further convicted of offence Under Section 7 of the Civil Rights Protection Act while appellants Jeewan Ram, Poosa Ram, Dhira Ram and Mohan Ram have been convicted for offence Under Section 4 of the aforesaid Act. All the appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/ -for offence Under Section 302/149, I.P.C. and in default, to undergo R.I. for three months. Each one of the appellants has been sentenced to undergo R.I. for five years and to pay a fine of Rs. 100/ -and in default to undergo further R.I. for three months for offence Under Section 307/149, I.P.C. Each one of the appellants has been sentenced to undergo R.I. for three years and to, pay a fine of Rs. 1 00/ - and in default to undergo further R.I. for three months for offence Under Section 325 read with Section 149, I.P.C. Each one of the appellants has been sentenced to undergo R.I. for one year for offence Under Section 323.I.P.C.

(2.) APPELLANTS Bhika Ram, Anna Ram and Moola Ram S/o Dana have been sentenced to under go R.I. for one year for offence Under Section 148 J.P.C, While rest of the appellants have been sentenced to a similar term for offence Under Section 147, I.P.C. Appellant Anna Ram has been sentenced to undergo R.I. for three months and to pay a fine of Rs. 100/ - and in default to undergo further R.I. fir 20 days for offence Under Section 7 of the Civil Rights Protection Act. Appellants Mohan Ram, Dhira Ram, Jeewan Ram and Poosa Ram have been sentenced to undergo R,I. for three months and to pay a fine of Rs. 100/ - and in default to undergo further R.I. for 20 days for offence Under Section 4 of the Civil Rights Protection Act. All the substantive sentences have been directed to run concurrently. Aggrieved, all the aforesaid convicts have come in appeal, whereby they challenge the legality and propriety of their convictions recorded by the learned Addl. Sessions Judge vide his judgment dated 28.5.82 recorded in Sessions case No. 38/81.

(3.) THE prosecution story is that at a short distance form this public well two gangs of laborers were working in connection with famine relief operations. On hearing the alarm from Gayad Ram, his brother Mani Ram and father Heera Ram since deceased ran towards Gayad Ram and Kana Ram, who were already rushing towards the public square. The aforesaid five accused persons started giving them a chase. In the meanwhile Rewat Ram P.W. 8, Babu Lal P.W. 13 and Nainee P.W. 14 also ran towards these people. It is alleged that rest of the accused persons, variously armed, came to the place. All the accused persons, fifteen in all, surrounded Kana Ram, Gayad Ram, Mani Ram, Heera Ram in the guard i.e. the public square. It is alleged that Poosa Ram and Jeewan Ram appellants death lathi blows on the head of Heera Ram with the result that he fell doen. Anna Ram dealt a sela blow on the right side of the abdomen of Heera Ram. The other accused persons indiscriminately dealt lathi blows to him. Moola Ram gave a sela blow to Heera Ram. Mani Ram caught this sela, which some how hit Anna Ram. At this Anna Ram shouted that he was hurt upon which all the accused persons started beating Mani Ram with latis. Muni Ram fell down. Rawat Ram fell over Muni Ram with a view to rescue him, upon which he also received number of injuries. Nainee went near Rewat Ram to rescue him upon which she was also given beating by the appellants. In this assault Kana Ram and Gayad Ram also received injuries. Heera Ram died as a result of the injuries sustained in the assault.