BHANWARA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed under Section 374(2), Cr. P.C. against the judgment and sentence dated 20-1-1996 passed by Additional Sessions Judge, Nagaur. By the impugned judgment the learned Court below has convicted accused Sher Singh under Section 302, IPC and co-accused Bhanwara Ram alias Bhanwarlal and Pappu Singh under Section 302 read with Section 34, IPC and sentenced all of them imprisonment for life with a fine of Rs. 500/-. All these accused appellants have been convicted under Section 447, IPC also and were sentenced to undergo three months' rigorous imprisonment with a fine of Rs. 50/- each.

(2.) Concise facts are that on 4-11-1994 at about 5.30 p.m. Pusaram PW-5 along with his mother PW-8 Gora Devi and wife PW-11 Rukma Devi along with Dhanna Ram were present in their field near about their dhani situated in the outskirts of village Ladia District Nagaur. All the three accused appellants Sher Singh, Bhanwara Ram and Pappu Singh came there armed with lathis and said that enemies were standing, kill them. Thereupon Sher Singh gave a lathi blow near right ear of Dhanna Ram with intention to kill him. Bhanwara Ram gave a lathi blow on the waist of Dhannaram with intention to kill him. Pappu Singh accused armed with a lathi kept standing nearby and threatening that if anybody happens to come nearby he too will not be spared. Dhanna Ram, after being injured, fell unconscious and all the three witnesses mentioned above raised alarm. Thereafter the trio made good their escape. About 20-25 minutes thereafter Satu PW-15 and Ram Singh PW-17 came on the scene of occurrence and injured Dhanna Ram was taken to the dhani of the complainant who died there. Upon it Malaram PW-4 was sent to Bajju and Bikaner to inform and bring Prema Ram PW-6, Ganesha Ram PW-7 and Chuna Ram PW-14, other sons of deceased Dhanna Ram.

(3.) On 5-11-1994 at 6.00 p.m. a written report Ex. P/1 was lodged before the Station House Officer. Shree Balajee and thereafter usual investigation took place in which PW-19 Ishwar Singh went on the site, prepared memos Ex. P/8 to Ex. P/12. Postmortem of the dead body was conducted by PW-20 Dr. Surajmal Mishra. Accused appellants were also apprehended on 9-11-1994. They gave disclosure statements under Section 27 of the Indian Evidence Act on 12-11-1994 and lathis were recovered and seized in pursuance thereof.