PANCHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Sessions Judge, Jodhpur, has convicted Panchi Ram for offence u/s. 302, I.P.C. and has sentenced him to undergo imprisonment for life and to pay a fine of Rs. 200/-and in default to undergo further Rigorous Imprisonment for three months. Aggrieved, Panchi Ramo has come in appeal to this Court.

(2.) Briefly stated, the prosecution story is that one Bhagirath Sb Ram Pratap R/o Modia Bishnoiyan in the State of Haryana had been murdered by Heera Ram Said Hoora Ram is also alleged to have stolen a tractor belonging to said Bhagirath. In this connection, a case u/s. 302/ 379, I.P.C. had been registered on 25-8-1983 at Police Station, Bhuna in the State of Haryana against the said Heera Ram. To evade arrest, Heera Ram aforesaid absconded. On 1-9-1983 P.W. 1 Sahib Ram of Police Station, Bhuna came to Koja Ram Ki Dhani within jurisdiction of Police Station, Looni (Rajasthan) in search of said Heera Ram. P.W. I Sahib Ram was accompanied with A.S.I. Zile Singh (P.W.2), Constables Zile Singh (P.W.3), Rajendra Kumar (P.W.4) and Balbir Singh and. driver Randhir Singh. This party reached Koja Ram Ki Dhani the same day at about 3 P .M. It is alleged that besides the said police party a separate party consisting of appellant Panchi Ram, Amilal, brother of aforesaid Bhagirath, Ram Kurnar, Amar Singh D.W. 1, Richpal and Banwari alsocQme to Madho Singh Ki Dhani on the same mission viz to apprehend Heera Ram. Appellant Panchi Ram carried his licensed SBBL twelve bore gun. Amar Singh and Richpal also carried their guns. This party came in a separate jeep hired from Pokar Ram P.W.7 This Pokar Ram himself drove this party upto Ojha Ram Ki Dhani, where the party got down from the jeep.

(3.) Prosecution story further is that the police party at Koja Ram Ki Dhani came to know from Gawari P.W.7 wife of Koja Ram that Heera Ram was loading firewood at Madho Singh Ki Dhani. Upon this information, the police party proceeded in the direction of Madha Singh Ki Dhani at a distance of about 3-4 furlongs from Koja Ram Ki Dhani. When the police party was at a distance of about 200 from Madho Singh Ki Dhani, it heard report of a gun having been fired. At this, P.W. I Sahib Ram divided his party in two groups. One group consisted of Sahib Ram, Balbir Singh and P.W. 4 Rajendra Kumar, The other group consisted of ASI Zile Singh P. W.2 and constable Zile Singh P. W.3, The two parties approached Madho Singh Ki Dhani from two opposite directions viz Sahib Ram Balbir Singh and Rajendra Kumar proceeded towards right flank of the Dhani while Zile Singh and Zile Singh proceeded towards the left flank of the Dhani.