KUMBHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 20th May, 1999 passed in Sessions Case No. 18/96 by learned Sessions Judge, Merta, convicting accused appellants under Section 364, I.P.C. and sentencing each of them to undergo 5 years' rigorous imprisonment, along with fine of Rs. 1000/ -, in default of payment whereof to further undergo 6 months' rigorous imprisonment. The learned trial court also convicted them under Section 302/34, I.P.C. and sentenced to life imprisonment, along with fine of Rs. 2000/ -, in default of payment whereof further undergo six months -rigorous imprisonment. Both the substantive sentences were ordered to run concurrently.

(2.) THE charges against accused appellants are that at 5:30 PM on 14.2.1996 in village Pancharda Khurd at the shop of PW -6 Dhema Ram, Kumbha Ram accused hurled a 'Kassi' blow on the head of Mewa Ram, felling him down and thereafter, three accused appellants along with Babu Ram, who has been discharged by Police and Pappu Ram, who has been acquitted by the Juvenile court; started beating Mewa Ram simultaneously and did not rest content with that but dragged injured Mewa Ram in their residential house and gave further beating there. The injuries so sustained caused his death and therefore, the accused appellants were charged under Section 364 as also under Section 302/34, IPC. Upon pleading not guilty and claiming trial, prosecution examined 20 witnesses and exhibited 29 documents in support of its case. In the statement given under Section 313, Cr.P.C. accused appellants denied all incriminating evidence appearing against them and pleaded false implication. Malla Ram, Prabhu Ram and Babu have been examined in defence. Thereafter, learned trial court relying upon testimony of PW -4 Likhma Ram, PW -11 Madu Ram and PW -12 Poona Ram, corroborated by the testimony of PW -16 Dr. Hari Prakash, convicted and sentenced them, as afore stated.

(3.) WE have given our careful consideration to the rival contentions. PW -4 Likhma Ram in the court became eye -witness of the occurrence and deposed that at the time of occurrence, he was sitting at the shop of Dhema Ram. There Khumba Ram came armed with a 'Kassi' and dealt a blow on head of Mewa Ram, felling him down and thereafter, all the accused gave injuries simultaneously and dragged injured Mewa Ram in their house. However, above facts were missing in his police statements Ex.D -1 and D -2. When attention of this witness was drawn to his police statements, he stated that he does not know how the Investigating Officer has not recorded the same even though he had disclosed above facts before him also.