GAJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.3.1995 passed by the Additional Sessions Judge, Banner, convicting the appellants of offence under section 302/34 IPC and sentenced each of them to undergo imprisonment for life. They have also been convicted of the offence under section 325/34 IPC and sentenced to five years rigorous imprisonment each. They have also been convicted of the offence under section 324/34 IPC and sentenced to two years rigorous imprisonment. Each of the appellants has been asked to pay a compensation to the tune of Rs. 10,000/-, in total Rs. 40,000, payable to the dependents of deceased Saroopa Ram. Each of the appellant has also been asked to pay a sum of Rs. 500/-, in total Rs. 2000/-, as compensation to injured PW 3 joga Ram.

(2.) Briefly stated the prosecution case is that on 3.7.1994, PW 3 Joga Ram submitted a written FIR at Police Station, Shiv, stating inter alia that at about 9.00 a.m. while he was standing in front of his house, his son Saroopa Ram was ploughing the field. At that time, appellants-Kachhba Ram armed with a 'kulhadi' Gaja Ram and Chutra Ram with 'kassi' and Amba Ram with a lathi, arrived there. Standing on the border of the field, they gave a call to Saroopa Ram and enquired as to who had uprooted the wooden pads embodied by them. Saroopa Ram questioned back as to how they embodied wooden pads in his field and, therefore, he had uprooted them. Accused persons asked Saroopa Ram to come close to them. Saroopa Ram did not go, as such, the accused persons entered in the field and dragged him to their field. Accused Gaja Ram gave a 'kassi' blow on the head of Saroopa Ram, Kachhba Ram attacked on him by 'kulhari' and Chutra Ram by 'kassi' on account of which he fell down. He was also thrased when he went to save the life of his son. He was released on intervention by PW 7 Chandana Ram and PW 8 Bhanwara Ram. However, Saroopa Ram succumbed to the injuries on the way to Gunga Hospital. On this information, police registered a case for the offence under sections 302, 307 IPC and proceeded with investigation. After usual investigation, police laid chargesheet against the appellants for the offence under sections 302, 302, 447, 325, 324, 323 read with with Section 34 IPC.

(3.) The appellants denied the charges levelled against them and claimed trial. The prosecution in support of the case examined 13 witnesses and produced certain documents. The appellants in their statements under section 313 of the code of Criminal Procedure denied the correctness of the prosecution evidence appearing against them. Analysing the prosecution evidence, the trial Court found the prosecution case proved against the appellants and, as such, convicted and sentenced them as noticed above.