TEJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the order of learned Sessions Judge, Pali dated 15.4.1989 whereby he has convicted the accused appellants under Sections 302, 148 and 458, IPC and sentenced them as follows:

(2.) Brief facts of the prosecution case are that a dispute existed between Nathuram cousin of Motaram on one side and Tejaram, Ramlal on the otherside and a case regarding agricultural land was pending between the parties. On 13.2.1991 Motaram was sleeping is his house. At about 1 A.M. he was aroused from sleep on hearing the cries of his brother Ramlal who was sleeping in the Nohra alongwith his mother. He opened the door connecting the house with the Nohra and saw Tejaram, Ramlal, Bhanwarlal, Cholaram, Motiram Gyana Ram standing armed with Kulhadies and lathies. They were beating his brother Ramlal and his mother Gamni. He raised hue and cry; on this Chhogalal, Oghada Ram and Roopa Ram came there. It was particularly mentioned that Chhogalal had been sleeping in a truck parked nearby and he had come from the truck. It was also alleged that all the accused returned by the same way they had entered viz, by opening the gate of the PcI.

(3.) On 13-9-1981 at3.30a.m., a report of this incident was lodged at the Kharchi Police Station by Motaram after leaving both the injured persons at Hospital of Kharchi in the truck of Chhogalal. It was also stated that before 5-6 days of the incident Chhogalal had told one Bana Rehari that you will see and hear some news in 2-4 days, as Nathu is fighting cases with their relations. It was also alleged that accused persons came in the tractor of Tejaram with an intention to kill Nathuram and went to his Bera but returned as some boring work was going on and there were g to 10 persons present. They left the tractor on the road side near village and came to kill the informant. The informant Motaram has also alleged that he always use to sleep in the Nohra but on that day Ramlal was sleeping in his place and was murdered as the accused mistook him for the first informant. He has alleged that he could recognise the other unkown person in future. On this report, the police registered a case under Sections 147, 148,149, I.P.C. and ordered investigation were prepared.