HARPHOOL AND RAM JEEWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated June 30, 1995, passed by learned Sessions Judge, Alwar, in Sessions Case No. 7/1995 whereby both the accused appellants were held guilty under Section 302/34 IPC and were sentenced to imprisonment for life.

(2.) THE relevant facts giving rise to this appeal are in brief that P. W. 4 Prabhu Dayal, brother of the deceased Kailash submitted a written report Ex. P. 8, at Police Station Malakhera, district Alwar, on 2. 10. 1994, at 2. 15 p. m. with the averments that at about 10 a. m. his brother Kailash was going to house of Ramji Lal from his Well. On the way in the village Bader Ka Bas, accused appellants Harphool and his son Ramjeewan armed respectively with Kulhari and Tanchia, assaulted Kailash. Kailash ran away for his life and rushed to the roof of the house of Sohan Lal. Both the assailants followed him there. Accused Ramjeewan inflicted injuries with Tanchia on ear, nose, eyes, while accused Harphool caused injury on head by Kulhari. This occurrence was witnessed by Mangal Ram (PW. 7), Babu Lal (PW. 6), Laxman (PW. 5) and Faiju Khan. Both the accused ran away and Kailash died instantaneously.

(3.) NEXT question for consideration arises is as to who is the author of these injuries? Out of 14 witnesses examined, five witnesses namely PW. 4 Prabhu Dayal informant, PW. 5 Laxman, PW. 6 Babu Lal, PW. 7 Mangal Ram and PW. 12 Ramesh have been examined as eye-witnesses. PW. 12 Ramesh (not named in FIR Ex. P. 8) and PW. 7 Mangal Ram (named in F. I. R.) were declared hostile. PW. 12 Ramesh stated that he did not witness any such occurrence, though his own house is situated near the house of Sohan Lal, where this occurrence took place. PW. 7 Mangal Ram stated that at about 10 a. m. , he was sitting in his shop and having heard hue and cry, he rushed to the house of Sohan Lal, where he saw the crowd. He went upon the roof and saw Kailash lying dead, but he did not witness any occurrence. He admitted this fact that his shop is near the house of Sohan Lal. PW. 4 Prabhu Dayal (brother of the deceased) is the informant. He stated that at about 10 a. m. his brother Kailash was coming from well. On the way in the village, both the accused appellants Harphool and Ramjeewan surrounded him. Harphool and Ramjeewan were respectively armed with kulhari and tanchia. Kailash to save himself, rushed to the roof of the house of Sohan Lal. Both the accused appellants followed him and killed him by causing injuries by tanchia and kulhari upon nose, ears, eyes and head. When he and other witnesses reached near the place of occurrence, both the accused ran away. They brought the dead body of Kailash to Malakhera Hospital and then submitted report Ex. P. 8. In cross-examination, he stated that the accused are neighbour. He also admitted that Laxman (PW. 5) is uncle and Babu Lal (PW. 6) is his cousin brother. PW. 5 Laxman and PW. 6 Babu Lal stated that they had also witnessed this occurrence. They stated that both the accused appellants inflicted injuries upon Kailash. Harphool inflicted injuries by Kulhari, while Ramjeewan caused injuries with tanchia. Kailash got injuries upon the head, nose eye and ear. These witnesses have also been cross-examined in detail.