STATE OF RAJASTHAN Vs. DEVA RAM

JUDGEMENT

(1.) This statutory Murder Reference being 1/2000 under Section 366 of the Code of Criminal Procedure, D. B. Criminal Jail Appeal No. 460/2000 Deva Ram v. The State of Rajasthan, D. B. Criminal Appeal No. 508/2000 Deva Ram v. State and S. B. Criminal Appeal No. 464/2000 Smt. Hira Devi v. State arises from the judgment of the Additional Sessions Judge, Parbatsar, dated 10-8-2000 holding appellant Deva Ram guilty of murder of his father Tiloka Ram. He has been convicted of the offence under S. 302, I. P. C. and sentenced to death. He has also been convicted of the offence under S. 201, I. P. C. and sentenced to seven years' rigorous imprisonment and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo one year's rigorous imprisonment. Mst. Hira Devi w/o. Deva Ram has been convicted of the offence under S. 201, I. P. C. and sentenced to three years' rigorous imprisonment and to pay a fine of Rs. 10,000/- and in default to further undergo one year's rigorous imprisonment.

(2.) The prosecution case as disclosed during the trial is that appellant Deva Ram, P. W. 3 Shravan Ram and Likhma Ram are the three sons of deceased Tiloka Ram. All the three sons of deceased Tiloka Ram used to live in different 'dhanis' of their fields on the outskirt of village Mandavra, Tehsil Nawa, District Nagpur. Deceased Tiloka Ram used to reside in his residential house at Mandavra. He used to go and visit his sons in their 'dhanis'. It is alleged that while Tiloka Ram had gone to Shravan Ram's dhani, appellant. Deva Ram at his back locked his house in village Madavra and raised a dispute with respect to distribution of the property. In order to sort out the dispute, Tiloka Ram asked his son P. W. 3 Shravan Ram to call meeting of the Panchayat including the relatives with a view to settle the entire matter. The panchayat was convened at the place known as 'Bandhe Ki Pal'. This was attended by Dalla Ram (P. W. 6), Dhanna Ram (P. W. 13), Sheoji Ram (P. W. 14) and Nanu Ram (P. W. 15). They are all relatives inasmuch as P. W. 13 Dhanna Ram and P. W. 20 Bhanwarlal are the husbands of deceased Tiloka Ram's sisters. P. W. 15 Nanu Ram is the son-in-law of deceased Tiloka Ram. P. W. 16 Bheru Ram is the brother-in-law of deceased's son P. W. 3 Shravan Ram. P. W. 14 Sheoji Ram is the father-in law of Shravan Ram's daughter. P. W. 6 Dalla Ram is the uncle father-in-law of Shravan Ram's daughter P. W. 1 Mst. Geeta. It may be stated that other prosecution witnesses in the case are also from the same family i.e. P. W. 11 Mst. Bholki w/o. Tiloka Ram (deceased), P. W. 3 Shravan Ram s/o. deceased Tiloka Ram, P. W. 7 Mst. Panchudi w/o. Shravan Ram, P. W. 1 Mst. Geeta and P. W. 2 Mst. Sita both daughters of Shravan Ram, P. W. 8 Mst. Jhamku w/o. Likhma Ram, P. W. 12 Prem Kumar s/o. Likhma Ram, P. W. 9 Vimla, daughter-in-law of Likhma Ram and P. W. 4 Jitendra s/o. Shravan Ram.

(3.) On 23rd June, 1997 at about 5 p.m., all the relatives as stated above, met to resolve the family dispute. P. W. 20 Bhanwarlal tried to make appellant Deva Ram understand. However, the appellant took quarrel with him and, therefore, he left the meeting. Thereafter, appellant Deva Ram alleged to have dragged his father Tiloka Ram towards his field. The persons present on the spot intervened and tried to protect Tiloka Ram. Appellant Deva Ram chased his brother P. W. 3 Shravan Ram. Shravan Ram (P. W. 3) out of fear entered in his dhani. He took out his gun along with cartridges. He along with his son P. W. 4 Jitendra ran towards the police station at Kuchaman City. He informed about the incident to the police at Kuchaman City and deposited the gun and cartridges. The information was entered in the Rojnamcha vide Ex. P. 27. P. W. 17 Girdharilal went to the spot but he did not find anything and, as such, returned back to the police station. In the morning i.e. on 24-6-97 at 11.00, he received an anonymous telephonic call to the effect that appellant Deva Ram has killed his father. This information was entered in the Rojnamcha vide Ex. D. 14A. The police again reached on the spot and recorded the statement of P. W. 2 Mst. Sita. She narrated the entire incident beginning from the assembly of the panchayat. She stated that her uncle appellant Deva Ram tried to drag her grand father towards his filed. However, he could be rescued on intervention of the persons assembled on the spot. Thereafter, Deva Ram chased her father. Her father came to the Dhani and after sometime ran towards the Kuchaman City along with her brother Jitendra. He also took away with him the gun and cartridges. She further stated that her grand father was being thrashed by her uncle Deva Ram in the dhani on account of which he fell down on the gate of the field. All the relatives ran away out of fear. After sometime, her sister P. W. 1 Mst. Geeta went to the gate of dhani where her grand father was lying injured in the pool of blood. They tried to make their grand father to sit with a view to take him to dhani. At that time, his uncle appellant Deva Ram returned back and lifted deceased Tiloka Ram and took him towards his dhani. There was light in the dhani of Deva Ram till late night. In the morning at about 8, her father Shravan Ram returned to the dhani. He went back to collect all the relatives with a view to resolve the dispute. She also stated that as her grand father used to stay with them, both the uncles namely Deva Ram and Likhma Ram were unhappy with him. She also stated that her grand father was thrashed by the appellant Deva Ram on account of property dispute. She also stated that she was not aware about the whereabouts of her grand father. She expressed that her grand father might have been concealed somewhere or killed. She also stated that on the last tuesday. Deva Ram had thrashed her grand father. On the basis of this statement Ex. P. 1 on 24-6-97 at 3.15 p.m., a case was registered at Police Station, Kuchaman City for offence under sections 341, 323, 307, 365/34, I. P. C.