MANGE RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Mange Ram along with his wife Smt. Sushila, father Mahavir, brother Mani Ram and Jot Ram son of Likhmi Das were tried for the murder of one Somvir and causing injuries to P. W. 1 Satvir and P. W. 2 Mst. Bharpai. THE learned Sessions Judge, Jhunjhunu vide judgment dated 5. 9. 2000 convicted the appellant Mange Ram for offence under Section 302 I. P. C. and sentenced to imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo six months rigorous imprisonment. He has also been convicted for offence under Section 447 IPC and sentenced to one month's simple imprisonment. THE other accused persons have been acquitted of offence under Sec. 302/149, 147 & 148 I. P. C.

(2.) BRIEFLY stated the prosecution case is that on 7. 8. 98 P. W. 13 Mool Chand A. S. I. lodged a FIR at Police Station, Surajgarh at about 7. 00 p. m. on the basis of a statement of injured P. W. 1 Satvir recorded in the Government Hospital at Chidawa. Satvir in his statement Ex. P1 stated that on 7. 8. 98 at about 11. 00 a. m. his brother deceased Somvir was spraying on cotton crop and he was putting water in the bucket. At that time his mother P. W. 2 Bharpai was on the well. Accused Smt. Sushila wife of appellant Mange Ram started cutting the grass on the border of the field. Deceased Somvir asked her not to do so. He asked her not to remove the fodder. At that time the accused, who are the neighbours namely Mahavir, Mange Ram, Bhani Ram Jot Ram, Likhma Ram, Kesar, Sushila, Prakash and Kailash arrived armed with lathies. They abused them. Noticing the commotion his mother Bharpai and father rushed to the spot. The accused persons thrashed Somvir by lathies. When his mother intervened, she was also assaulted. She also sustained injuries. He also stated that Somvir succumbed to the injuries on the spot. On this information. Police registered a case for offence u/secs. 147, 148, 149, 447,323 and 302 I. P. C. and proceeded with investigation. Police prepared the inquest report and sent the dead body for post-mortem. After usual investigation, Police laid charge-sheet against the appellant and others for the aforesaid offences. All the accused persons denied the charges levelled against them and claimed trial.

(3.) ON the same day, he examined P. W. 1 Satvir and noticed the following injuries: (1) Lacerated wound 6 cm x 1 cm x bone deep (Rt.) frontal region (2) An abrasion 2 cm x 1. 5 cm (Lt.) antr. Supr iliac spine (3) A bruise 14 cm x 3 cm (Lt.) renal area postr infr-supr. (4) A bruise 10 cm x 3 cm (Rt) shoulder He has proved the injury report Ex. P. 19. All the injuries were simple in nature caused by blunt object. He also examined P. W. 2 Smt. Bharpai. He noticed a lacerated wound 2 cm x 0. 5 cm x 0. 5 cm at the tip of index finger (Rt.) hand. It was found to be simple caused by blunt object. He has proved the injury report Ex. P. 20.