KARNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals arise from the common judgment dated 28. 03. 1997 passed by the Special Judge for SC/st (Prevention of Atrocities) Act Court, Jodhpur in Sessions Cases No. 98/1996 and 100/1996 convicting the appellants Karna Ram and Dhanna Ram for offence under Section 302 IPC and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 100/-; in default of payment to further undergo simple imprisonment of one month.

(2.) BRIEFLY stated the prosecution case is that on 7. 07. 1994 at about 7:00 A. M. deceased Ladu Ram, Head Master, Government Upper Primary School, Raneri left his house for attending the School and while be was passing through the filed of Birbal Ram, appellants Karna Ram from the western side and Dhanna Ram from the southern side armed with Dharia', knife respectively arrived and attacked on him, on account of which, he succumbed to the injuries on the spot. The incident was witnesses by PW-9 Heera Ram- brother and PW-16 Shanker Lal the son of the deceased. PW-9 Heera Ram stayed back at the place of the incident and PW-16 Shanker Lal went to the village Dedasari at a distance of 3 Kms. to telephone the police. He asked PW-12 Noordin to inform the police. Police received the telephonic message at 8:30 A. M. An entry of the said information was made in the Rojnamacha at the Police Station, Baap vide Ex. D4. PW-19 Rajendra Singh the Investigating Officer reached on the spot at about 9:30 A. M. PW- 16 Shanker Lal submitted a written report Ex. P15 before the S. H. O. , Police Station, Baap. Police proceeded with investigation and a regular F. I. R. Ex. P 16 was registered at 10:30 A. M. by P. W. 17 Madan Singh. During investigation, it revealed that there was enmity between the family of appellants' father Pabu Ram and deceased Ladu Ram. Deceased Ladu Ram and his associates were tried on the charge of murder of Pabu Ram. A panchayati was also convened to settle the dispute between the parties. However, the appellants sons of Pabu Ram expressed their clear intention to kill Ladu Ram. It also revealed that on 6. 07. 1994 a conspiracy was hatched to commit murder of Ladu Ram. After usual investigation, police laid charge-sheet against appellants Karna Ram and Dhanna Ram for offence under Section 302, 302/34 & 120-B IPC and against Ram Kishan and Shanker Lal for offence under Section 302, 120-B IPC. As appellant Dhanna Ram was abscording, the charge-sheet was filed against him under Section 299 Cr. P. C. On being committed appellant Karna Ram along with Shanker Lal and Ram Kishan were tried (Sessions Case No. 98/96 ). Appellant Dhanna Ram was arrested on 28. 2. 1996 and as such he was separately tried (Sessions Case No. 100/96 ). The trial court instead of dealing the case of Karna Ram and Dhanna Ram separately while delivering the judgment has referred the prosecution witnesses at one place as evidence is almost the same. Similarly the documents have also been referred. We shall also be referring the witnesses and documents in same manner. In Sessions Case No. 98/96 PW-16 Shanker Lal has been examined as PW-5 in Sessions Case No. 100/96 and as such he has been referred as PW-16/pw-5. Similarly the FIR has been marked as Ex. P15 in Sessions Case No. 98/96 and in Sessions Case No. 100/96 as it is referred as Ex. P15/ex. P2. All the witnesses and documents are referred in the same way.

(3.) PW-16/pw-5 Shanker Lal is the son of the deceased. He has stated that his father deceased Ladu Ram was the Head Master in the Government Upper Primary School, Raneri. On the date of incident at 7:00 A. M. he left the house for attending the school. He proceeded on the foot track passing through the field of Birbal Ram, at that time he was standing out side the house. He witnessed that as soon as his father entered in the field of Birbal Ram, accused Karna Ram from the western side and accused Dhanna Ram from the southern eastern side came running armed with knife and "dharia" in the hand and attacked on his father. Hearing the out cry of his father, he along with his uncle Heera Ram reached on the spot. Seeing them, the accused persons ran away. They reached near the body of his father and found that he was dead. He has also stated that his father was killed on account of enmity. His uncle pacified him and asked him to proceed to village Dedasari and inform the police on telephone. He went to Dedasari and informed the police on the telephone. The police thereafter reached on the spot at 9:30 A. M. He submitted a F. I. R. before the police. In the cross-examination, he admitted that deceased Ladu Ram left the house after taking break-fast. He also stated that he could not give the names of the accused persons on telephone to the police as he was terribly and mentally disturbed on account of death of his father. He also stated that he himself did not telephoned to the police, but asked the Poonam Chand and others on the Telephone Booth to convey the message. He did not disclose the names of the assailants as the Poonam Chand and other persons did not inquire from him. Nothing substantial has been elicited in the cross- examination from this witness to discredit his testimony.