LALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THREE appellants along with one Mangtu Ram were indicted before the learned Additional Sessions Judge, Behror, Distt. Alwar in Sessions Case No. 53/92 (70/91) for having committed the murder of Angana Ram. During the course of trial Mangtu Ram died and proceedings against him were dropped. On conclusion of trial all the three appellants were found guilty, convicted and sentenced by the learned trial Judge as under: 1. Lala Ram : 2. Mahipal @ Pappu : U/s. 302 IPC Imprisonment for life and fine of Rs. 1000/- in default to further suffer 6 months SI. U/s. 323/34 IPC 6 months R. I. and fine of Rs. 100/- in default to further suffer 15 days SI. 3. Hukam Chand : U/s. 302/34 IPC Imprisonment for life and fine of Rs. 1000/- in default to further suffer 6 months SI. U/s. 323 IPC 6 months R. I. and fine of Rs. 100/- in default to further suffer 15 days SI. All the sentences were directed to run concurrently.

(2.) THE machinery of the prosecution was set in motion by Suraj Bhan (PW. 8) through written report on March 20, 1991 lodged with the Police Station Mandhan with the averments that on the day of the incident his younger brother Angna Ram along with his son Balwant were reaping Gram Crop in their field situated near the village School while the informant was at his well. THE accused persons Mangtu, Pappu, Hukma and Lala all inhabitants of the same village were also reaping their Gram Crop on their field adjacent to deceased Angana's field. Around 9 a. m. Balwant came to the informant's well and disclosed that accused Mangtu Ram, Pappu, Hukma and Lala assaulted Angana Ram with Pharsi, Kulhari and Lathies. THE informant immediately reached at the spot of occurrence, removed his injured brother to Mandhan Hospital and after getting him admitted in the Hospital made the written report. THE Police Station Mandhan registered case No. 27/91 under Sections 307, 323/34 IPC and investigation commenced. After the death of Angana Ram the case was converted under Section 302 IPC. Autopsy on the dead body of Angana Ram was conducted. Statements of witnesses under Section 161 Cr. P. C. were recorded and the accused were arrested. Site was inspected and the weapons of offence were recovered at the instance of the accused. Blood smeared clothes, soil and weapons were sent to FSL and FSL report Ex. P. 29 was received. On conclusion of investigation, chargesheet was filed. In due course the case came up for trial. Charges under Sections 302 IPC in the alternative 302/34 IPC, 323 and in the alternative 323/34 IPC were framed. THE accused denied the charge and claimed trial. THE prosecution examined as many as 24 witnesses in support of its case. In the statements recorded under section 313 Cr. P. C. the accused claimed innocence and produced one defence witness Mahipal as DW. 1. On hearing final submissions the learned trial court convicted and sentenced the appellants as indicated hereinabove.

(3.) MR. S. R. Bajwa, learned Counsel made an abortive effort to create a doubt in the finding of the trial court regarding culpability of the appellants by canvassing that the prosecution has deliberately supported the genesis and the origin of occurrence and has thus not presented true version in as much as the injuries sustained by the accused have not been explained.