LEELARAM ALIAS SUKHVIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an unfortunate case in which two persons from the complainant side and one from the accused side appear to have lost their lives over a land dispute. The prime questions that have come up for our consideration in the instant appeals are as to in what manner a person, who faces imminent peril of life and limb of himself or another should act? Is he expected to weigh in golden scales `the precise force' needed to repel the danger?

(2.) ALL the thirteen appellants were indicted before the learned Additional Sessions Judge Khetri (Distt. Jhunjhunu) in sessions case No. 32/1994 for having committed murder of Gheesa, and Rohtas. They were found guilty, convicted and sentenced as under- 1. Leelaram @ Sukhvir U/sec. 302 IPC Imprisonment for life and fine of Rs. 1000/-, in default to further to further suffer three months RI. U/s. 3/25 Arms Act. Six months RI and fine of Rs. 500/- in default to further suffer 2 months R. I. 2. Rameshwar Dayal 3. Gokal 4. Inderraj 5. Chhotelal 6. Hariram 7. Ramjilal 8. Satyaveer 9. Bhagwanaram 10. Rajveer 11. Bhagat Singh 12. Rohtas 13. Fakirchand U/s. 323 IPC Four months RI and fine of Rs. 300/- in default to suffer one month SI. Sentences awarded to appellant Leela Ram were directed to run concurrently. Against this judgment of conviction that the appellants have preferred the instant appeals.

(3.) NOW we proceed to consider the defence version. In the cross-examination of the eye witnesses an specific suggestion was made on behalf of the accused that when the complainant party made attempt to oust Rameshwar, his sons, his brother Birbal from the land and started beating Birbal, he snatched the Gun from the hands of Rameshwar and opened fire resulting in death of Gheesa Ram and Rohtas. The prosecution witnesses denied this suggestion. In the statement under Section 313 Cr. P. C. Rameshwar stated that he was the khatedar tenant of land in question and it was in his continuous possession since 1991. Appellant Inderraj who is the son of deceased Birbal in his statement under Section 313 Cr. P. C. deposed that his father in order to save his life, snatched the Gun from the hands of Rameshwar and killed Gheesa Ram and Rohtas. Leela Ram @ Sukhvir stated that at the time of incident he was at village Sohela District Jodhpur and he has been falsely implicated. Defence witnesses Hanuman Singh (DW. 1) in his deposition stated that when Birbal, Rajveer, Inderraj and Rameshwar were cultivating the field, Gokul, Jagdish, Leela, Rohtas, Bhata, Sanwal, Fakir Chand, Ballaram, Prahlad, Birbal, Gheesa Ram and other members of their family armed with lathies, Pharsies and axes rushed to make assault on them. At that time Rameshwar had a gun. When his request to cultivate the land was turned down, Rameshwar opened fire in the air to frighten them. In the meanwhile Leela (PW. 19) inflicted lathi blow on the head of Birbal. Birbal fell down but suddenly got up and snatched the gun from Rameshwar and opened fire that hit Gheesa. His second fire hit Rohtas. In his cross examination he stated that accused Leela @ Sukhveer was not present at that time. He denied this suggestion that Birbal was run down by the truck.