CHETRAM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25-4-1986 passed by the learned Additional Sessions Judge, No. 1, Hanumangarh, by which appellants Chet Ram and Roop Ram were convicted under Sec. 302/34 Penal Code and sentenced to imprisonment for life and a fine of Rs. 2,000.00 each, in default of payment to undergo one year's rigorous imprisonment.

(2.) D.B. Criminal Appeal No. 200/86 has been filed by appellants Chetram and Roopram. Thereafter D.B. Criminal Jail Appeal No. 85/87 was also filed by Roopram. As the two appeals arise out of the same judgment, the jail appeal filed by Roopram was connected with the represented appeal and the two appeals are disposed of by a common judgment.

(3.) Briefly stated, the prosecution case is that a , day before 9-8-1984, the date of incident, there was some quarrel between the children of Chetram and deceased Nanakram. Nanakram was out that day and Chetram told Nanakram's wife that he would like to talk and see him when Nanakram returns. On 9-8-l984 at about 8.00 P.M., Nanakram on his retmn from Bikaner was sitting on the platform in the joint courtyard of himself and Chetram. At that time Chetram armed with Gandasi and Roopram armed with lathi attacked Nanakram and gave a beating to him. Nanakram raised a cry at which his wife Saraswati, father-in-law Sunderram, Santram and others rushed to the site and saw the appellants inflicting blows to Nanakram, injured Nanakram was taken to Government Hospital, Hanumangarh Town and was admitted there. He breathed his last at 2.30 P.M. on 10-8-1984. This case, registered under Sec. 307, Penal Code at the information Ex. P 7 furnished by Smt. Saraswati (PW 2), was converted into 302 IPC. Rajveer Singh (PW 7) of Police Ration Hanumangarh Town went to the site and made necessary investigation. Chetram and Roopram were arrested. In pursuance of the information furnished by Chetram Gandasi was recovered. At the information furnished by Roopram, lathi was recovered. On postmortem examination of the dead body of Nanak Ram, Dr. Kailash Falod (PW 5) noted the following eight injuries on his person : PEDIGREE TABLE