STATE OF RAJASTHAN Vs. SOHANA RAM & OTHERS

JUDGEMENT

(1.) D.B. Criminal Murder Reference No. 2/81, D.B. Cr. (Jail Appeal No. 339/81, D, B. Criminal (Jail) Appeal No. 386/81 and D. B. Criminal Appeal No. 352/81 arise out of the judgment passed by the learned Additional Sessions Judge, Nagaur dated 1-5-1981. The learned Additional Sessions Judge had tried the appellants for the murder of Surtaram and Magharam and by the aforesaid judgment convicted appellant Chaina Ram for the offence under Sec. 120B I.P.C. and sentenced him to imprisonment for life and a fine of Rs. 100.00in default to undergo three months rigorous imprisonment. Appellant Kheraj Ram was convicted for the offence under Sec. 302/34 I.P.C. for the murder of Surtaram and under Sec. 302 I. P. C. for the murder of Magharam and was sentenced to imprisonment for life and a fine of Rs 100.00 in default to undergo three months rigorous imprisonment and on each count. Appellant Sohana Ram was convicted for the offence under Sec. 302/34 I. P. C. for the murder of Surtaram and under Sec. 302 I. P, C. for the murder of Megharam and was awarded death sentence for both the courts. He was further sentenced to a fine of Rs 100.00 on each count. Appellants Asa Ram and Gyana Ram were convicted for the offence under Sec. 302/34 I. P. C. for both the murders and were awarded death sentence with the sentence of fine of Rs 100.00 each for both the counts.

(2.) Briefly, stated the facts of the case giving rise to the trial of the appellants and the murder reference and the appeals are as under :

(3.) Durgaram (PW 11) a teacher in Middle School, Village Baldeo was a tenant in the house of Khumaram father of deceased Magha Ram. House of Chaina Ram is adjacent to the house. On 10-8-79 at about 8.00 P.M. Durgaram while returning to his house had seen all the appellants sitting in the house of Chaina Ram appellant. As those people were talking about some beating, Durgaram remained standing near his gate inside the house and over heard the talk. Chaina Ram told the remaining appellants that they should first of all do away with Surtaram who was interfering in their acts and was helping the enemies. Chaina Ram assured them to bear the expenses of the litigation and not to let them suffer in any way. Thereafter the appellants went away from there. Durgaram immediately went to the house of Surtaram, who was sitting on his Chabutari (raised platform outside the house) and informed him what had transpired amongst the appellants at Chaina-Rams house. Surtaram asked Durgaram to call Ramdeva Prajapat, a Panch of the village, as the villagers had regard for what he said. Durgaram went to Ramdeva (P.W. 10) and conveyed the message of Surtaram. Durgaram stayed at the shop of Dhanraj. Ramdeva went to Surtaram and the latter told him that Durgaram had informed him that the appellants were intending to pick-up quarrel. Ramdeva went to the Dhani of Kherajram, where he met Kherajram and bis three sons Gyanaram, Asaram, and Sohanaram Ramdeva told Kherajram what he knows from Surtaram, Kherajram asked him to go to his house and they had no intention of any quarrel Ramdeva returned to his house.