NIRBHAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHOEVER saw her shedding tears, whoever heard her sighs, a grief-struck young lady Smt. Rakesh lost her life on a fateful day of October 2, 1992. According to her husband Ramni Singh, she was killed by Nirbhay, Nekram and their companions whereas her father Goliram says that it was a dowry death and Smt. Rakesh was murdered by her husband Ramni Singh and his near relatives. Let us find out the truth.

(2.) AS many as 13 accused persons including the appellants Nirbhay and Nekram were indicted before the learned Additional Sessions Judge No. 2 Bharatpur in Sessions Case No. 13 of 1994. Learned Additional Sessions Judge vide judgment dated February 14, 1996 acquitted co-accused Ram Swaroop, Kare, Jagdish Prasad, Chandu, Niranjan, Nemi, Kanchan, Veerpaloa, Hari Ram, Dauli and Kamar Sen. The appellants Nirbhay and Nekram were found guilty, convicted and sentenced as under- Nirbhay u/sec. 302 IPC Imprisonment for life and fine of Rs. 1000/- (in default to further undergo six months R. I.) u/sec. 452 IPC Two Years RI and fine of Rs. 500/- (In default to further undergo three months R. I. Nekram u/sec. 304/34 IPC Imprisonment for life and fine of Rs. 1000/- (in default to further undergo six months R. I.) u/sec. 452 IPC Two Years RI and fine of Rs. 500/- (In default to further undergo three months R. I. Against this judgment of conviction that the action for filing the instant appeal has been resorted to by the appellants Nirbhay and Nekram.

(3.) SATISH (PW. 2) is the nephew of Ramni Singh. As he has not named as witness in the FIR , we ignore his testimony. Keran Singh (PW. 3) in his deposition stated that 15-16 persons including Nirbhaya and Nekram opened assault at the house of Ramni. Nekram was armed with Tanchia and Nirbhay was having Farsa. When Nekram, Nirbhay, Veerpal and Hari Ram entered in the house of informant, he fled away and came back when police arrived. Meena (PW. 4) who is the wife of informant's brother stated that when she was cooking and Ramni was taking food, Hari Ram armed with Lathi, entered their house and inflicted lathi blow on the person of Ramni which slightly hit his shoulder. Rakesh came in front of Ramni in the meanwhile Nirbhay inflicted two blows with Farsa on her head. Hari ram persuaded Nekram to kill Rakesh and Nekram inflicted Tanchia blows on her neck and shoulder when she (Meena) made attempt to intervene Veerpal hit his stomach by his leg and Hariram hit her stomach from the top of the lathi. Veerpal took away her box of ornaments. In her cross examination she stated that till Rakesh sustained four injuries on her person, Ramni was wandering there in the chowk and thereafter fled through staircase. Govind Singh (PW. 5) did not see the incident occurred inside the house of Ramni. He only stated that 15-16 persons attacked the house of Rasal Singh and when he prevented them they gave him beating and he became unconscious. Ramwati (PW. 6) stated the same version, as was narrated by Meena. Toran (PW. 8) did not see the incident from his eyes. He only stated that when he went to Chhuttan's house he found Ramni there. Then 15-16 persons came to Chhuttan's house but on pursuation of Chhuttan all of them went back. After acquainted with the incident he went to Astawan and got informed police on telephone through Bholaram Meena. In his cross examination he stated that on telephone he intimated the SHO Kumher that Nirbhay and Nekram killed Ramni's wife. Ramveer (PW. 9) also did not see the incident from his eyes. He only stated that Rasal Singh's house was attacked.