JAI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN between the residential areas of two related families, there stood a JAT-TREE. One family comprising of four real brothers viz. Hanuman, Deep Chand, Hoshiyar and Bharta Ram claimed the TREE of its own, whereas the other family that included their uncle Tota Ram, his son Jai Ram and grand sons Rajendra and Mohan, was of the view that the TREE belonged to it only. On the fateful day of June 3, 1992 when the four brothers made attempt to uproot the TREE, it proved fatal to two of them (Hanuman and Deep Chand) who lost their lives in the incident. Let us unfold the re'sume' of the case.

(2.) ALL the four appellants Jairam, Rajendra @ Papuriya, Mohan @ Ram Monohar and Tota Ram were arraigned before the learned Additional Sessions Judge Behrod (Distt. Alwar) for having committed murder of Hanuman and Deep Chand in Sessions Case No. 173/92. Learned Additional Sessions Judge vide judgment dated December 8, 1994 found them guilty, convicted and sentenced as under: (1) Mohan @ Ram Manohar u/s. 302 IPC to suffer imprisonment for life and fine of Rs. 1000 in default to further undergo six months SI. u/s. 307/34 IPC to suffer 7 years RI and fine of Rs. 500/- in default to further undergo 3 months SI. u/s. 323/34 IPC to suffer 6 months RI and fine of Rs. 100/- in default to further undergo 15 days SI. u/s. 342 IPC to suffer 6 months RI and fine of Rs. 100/- in default to further undergo 15 days SI. (2) Rajendra @ Papuriya u/s. 302 IPC to suffer imprisonment for life and fine of Rs. 1000 in default to further undergo six months SI. (3) Tota Ram u/s. 307/34 IPC to suffer 7 years RI and fine of Rs. 500/- in default to further undergo 3 months SI. u/s. 323 IPC to suffer 6 months RI and fine of Rs. 100/- in default to further undergo 15 days SI. u/s. 342 IPC to suffer 6 months RI and fine of Rs. 100/- in default to further undergo 15 days SI. (4) Jai Ram u/s. 302/34 IPC to suffer imprisonment for life and fine of Rs. 1000 in default to further undergo six months SI. u/s. 307 IPC to suffer 7 years RI and fine of Rs. 500/- in default to further undergo 3 months SI. u/s. 323/34 IPC to suffer 6 months RI and fine of Rs. 100/- in default to further undergo 15 days SI. u/s. 342 IPC to suffer 6 months RI and fine of Rs. 100/- in default to further undergo 15 days SI. ALL the sentences were directed to run concurrently. The appellants have impugned the aforequoted judgment in the instant appeal.

(3.) AS already noticed in the FIR Ex. P. 1 Hoshiyar Singh (PW. 1) did not give the details as to who caused injury to whom. But in deposition before the learned trial court Hoshiar Singh (PW. 1) stated that while they were digging the pit in order to uproot the JAT TREE, the appellants armed with farsi, axe and lathies assaulted on them. Accused Mohan inflicted farsi blow on the head of Hanuman, Bhartaram who was standing in the pit received blows of axe inflicted by Jai Ram, Totaram and Rajendra gave blows with sticks. When Deepchand intervened Rajendra and Totaram inflicted injuries on his head. He (Hoshiyar Singh) was beaten by Tota Ram and Rajendra. Thereafter he alongwith other injured were dragged by the accused persons to their Baithak (room) from where they were removed by Jagmal, Chiranji, Laxman, Ved Prakash and Balvir to the Hospital. In his cross examination Hoshiyar Singh although initially deposed that in the partition, the tree came in the possession of Totaram, yet in the next breath he changed his version and stated that it was wrong to suggest that TREE belonged to Totaram. He also stated that boundary wall existed in between his and Tota Ram's residential portions.