STATE OF RAJASTHAN Vs. GANESH RAM

JUDGEMENT

(1.) The accused Ganesh Ram and Chanda Ram were tried for the offences punishable under Sec. 302 read with Sec. 34 IPC and in the alternative under Sec. 302/34, 323 IPC by the learned Sessions Court, Pali vide judgment dtd. 8/12/1988 in Sessions Case No.97/85 arising out of FIR No.16 dtd. 19/3/1985, Police Station Siriyari, District Pali. Upon conclusion of the trial, the learned Sessions Judge proceeded to acquit the accused from the offence punishable under Sec. 302 IPC read with Sec. 34 IPC and instead, convicted them for the offence punishable under Sec. 304 Part I IPC read with Sec. 34 IPC and sentenced them to 7 years' Rigorous Imprisonment and a fine of Rs.250.00 and to further undergo 3 months' Simple Imprisonment in default of payment of fine. The accused Chanda Ram was also convicted for the offence punishable under Sec. 323 IPC and was sentenced to one year's Rigorous Imprisonment on that account. All sentences were ordered to run concurrently. The accused Chanda Ram and Ganesh Ram have filed Appeal No.50/1989 for assailing their conviction and the sentences awarded to them by the trial court whereas, the State of Rajasthan has filed the appeal No.150/1989 questioning acquittal of the respondents from the charge for the offence punishable under Ss. 302 read with Sec. 34 of the IPC. Since, both the appeals arise out of common judgment dtd. 8/12/1988, the same have been heard and are being decided together. It may be noted here that the appellant No.1 Ganesh Ram expired on 9/9/2014 and thus, both the appeals to his extent have already been abated. Brief facts relevant and essential for disposal of these appeals are noted hereinbelow:-

(2.) Shri Chain Singh (P.W.2), lodged a written report (Ex.P/4) at the Police Station Siriyari, District Pali on 19/3/1985 at about 6.15 AM, alleging inter alia that on the previous night, he and Mohan Kumar were guarding Raida (mustard) Crop in their field. Sometime between 12.00 to 12.30 p.m., Durga Ram son of Kupaji and his younger brother Chotu Singh, came running and shouting that Jethu Singh was being assaulted by Madan Singh Rajput, Ganesh Ram Sirvi and Chanda Ram Sirvi with Dhariyas and lathis. Durga Ram also stated that he too had been beaten by Madan Singh. Durga Ram further stated, that he and Jethu Singh had gone to the Bera Rail to request Maga Ram and others, not to give false evidence. A little later, Madan Singh and his companions arrived and launched the brutal assault upon which, the informant and Jora Ram ran away from the place of incident for saving their lives. Durga Ram stated that he did not know as to where Jora Ram had gone. Madan Singh was alleged to be armed with a Dhariya whereas, Ganesh Ram and Chanda Ram were armed with lathis. On hearing this, Chain Singh, his brother Chotu Singh and Durga Ram, all proceeded to the Bera Rail, where they saw Jethu Singh lying on the ground with his head split up and sharp wounds noticeable on the calves of his both legs. It was further alleged that the informant and his maternal uncle Shri Madan Singh were on inimical terms and previously also cases had been instituted between them. The next date in the case involving offence under Sec. 307 IPC was 26/3/1985. Madan Singh had been hurling insinuations that he would do something about that and they should be prepared to face the consequences. The informant and the witnesses remained hidden in the wheat crop in the night time and after dawn, they forewarned the family members and then, proceeded to the police station for filing the report.

(3.) On the basis of this report, FIR No.16 (Ex.P/5) dtd. 19/3/1985 was registered at the Police Station Siriyari, District Pali for the offence punishable under Sec. 302 IPC and investigation was undertaken by Shri Devilal, SHO, Police Station Siriyari. The SHO proceeded to the place of incident and saw the dead body of Shri Jethu Singh lying on the ground with visible marks of injuries on his head and calves. Spot documents and Panchnama Lash were prepared. The dead body was forwarded to the Government Hospital, Ranawas, Pali for getting autopsy conducted. The Medical Officer Dr. Laxmiroopchand Bhandari (P.W.1) conducted autopsy and issued the Postmortem Report (Ex.P/1). The body was then, handed over to the family members for cremation. The accused persons were arrested. During the course of investigation, weapons of offence were recovered in furtherance of their disclosure statements. Investigation was concluded and a charge-sheet came to be filed against accused appellants for the offences punishable under Ss. 302 IPC and Sec. 323 IPC. The accused Madan Singh could not be arrested and thus, the charge-sheet qua him was filed by resorting to Sec. 299 Cr.P.C. Offence under Sec. 302 IPC being Sessions triable, the case was committed to the Court of Sessions Judge, Pali where, charges were framed against both the accused for the above offences. They pleaded not guilty and claimed trial. The prosecution examined 16 witnesses and exhibited 27 documents and 7 Articles to prove its case. The accused were questioned under Sec. 313 Cr.P.C. They denied the prosecution story and claimed to be innocent. Four documents were exhibited but no oral evidence was led in defence. After hearing the arguments advanced by the learned Public Prosecutor and the Defence counsel and appreciating the evidence available on record, the learned trial court, proceeded to tone down the charge under Sec. 302 IPC to one under Sec. 304 Part I read with Sec. 34 IPC and convicted and sentenced the accused as above. The State of Rajasthan has filed appeal No.150/1989 against acquittal of the accused respondents from the charge under Sec. 302 IPC whereas, the accused have preferred the appeal No.50/1989 for assailing their conviction as recorded by the trial court.