BALDEVA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This D. B. Criminal Appeal No. 517/1997 and S.B.Criminal Revision Petition No. 424/ 1997 are directed against the judgment of the learned Additional Sessions Judge, Sikar dated 17.10.1997.

(2.) The case of prosecution in Criminal Appeal No. 517/1997 is that there was a dispute on boundary line between the field of complainant and accused party. On 30.10.1991 in the morning villagers came on the spot to settle the dispute between accused party and complainant party in appeal (hereinafter called as complainant party). While the conversations were going on, Jhoonjha, Asha and Jodha started abusing Sawai Singh, father of complainant. Thereafter there was a scuffle, Baldeva son of Jhoonjha had given kuihari blow on the head of deceased Sawai Singh, Hema Ram son of Bodu Ram, Jankaram son of Jodha Ram also inflicted lathi blows on the person of Sawai Singh. Banshi Nai, Bhagirath Jat, Hanuman Singh, Mal Singh and Lal Singh were the eye witnesses who tried to save Sawai Singh. Baldeva Ram thereafter ran away from the spot. While Sawai Singh was taken to hospital, near Badalvas, he expired and then the body of deceased was taken to the police station and matter was reported to police.

(3.) On this report, the case was registered for the offence under sections 147, 148, 302 and 323 read with Section 149 IPC. After investigation, challan was submitted under sections 147, 148, 302 and 323 read with Section 149 IPC, against accused Baldeva Ram, Hema Ram, Jankaram; Jodharam, Asha Ram and Jhoonjha Ram. During trial as many as 11 witnesses were examined and in defence about 11 documents were exhibited, they are Ex.D/1 to Ex.D/11. After trial, on considering the material on record, the learned Additional Sessions Judge was of the view that prosecution has failed to prove beyond reasonable doubt the case of the prosecution under section 302 read with Section 149 IPC, against accused Hema Ram, Jodharam, Jankaram, Asha Ram and Jhoonjha Ram. Therefore, she acquitted accused Hema Ram, Jodharam, Jankaram, Asha Ram and Jhoonjha for the offence under sections 147, 148, 302 and 323 red with Section 149 IPC, but she found that prosecution has proved its case beyond reasonable doubt, against accused Baldeva Ram under section 302. Accordingly the accused Baldeva Ram has been convicted under section 302 IPC and sentenced him to undergo life imprisonment and a fine of Rs. 2000/-, in default of payment of fine, to further undergo one year's rigorous imprisonment.