GANGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals arise out of the Judgement of the Additional Sessions Judge No. 1 Jodhpur dated 30th of August 1962, convicting Gangaram under Section 302, I.P.C., and sentencing him to undergo imprisonment for life. Cr. Appeal No. 544 of 1962 is a Jail Appeal while Criminal Appeal No. 580 of 1962 is the represented appeal. Both these appeals are disposed of by this judgement.

(2.) GANGA Ram has been convicted for having throttled Tej Raj to death on the morning of 10th of January, 1962. Tej Raj deceased was a Mahajan of the town of Pipar and had dealings with Gangaram who belonged to village Jalka which is very near the town of Pipar. On the morning at about 9.00 A.M. Tej Raj had gone to village Jalka to make a demand from Gangaram of the money for which the latter stood indebted to the former, it is alleged by the prosecution that some altercations took place between the two and then Ganga Rim caught hold of Tej Raj by the neck and throttled him to death. Gangaram himself went to the Police Station Bilara which is about 17 miles from village Jalka and submitted a report on the 10th of January 1962 at 6 P.M. that Tej Raj had come to him on the morning of that date at about 9 and had demanded money horn him on which he had requested Tej Raj to grant him some two or four days for making payment. Tej Raj, however insisted that the payment should be made then and there otherwise something else will happen. Thereupon, he (Gangaram) went outside his house saying to Tei Raj that he was going to arrange for money at some other place. Tej Raj remained alone in his house. He went to the shop of Poosa Ram, A little while after some children came there and said that at the house of Gangaram one man was hanging from the ceiling. Thereupon, he, Narain Jat, Bhiyan Jat, Poosarain, Hasankhan, Sindhi Narain and Pabu and others went to his house where Tej Raj was found hanging. He had committed suicide by putting safa round his neck. Thereupon they removed the noose from the neck. His heart was beating at that time but soon after he died. The dead body was lying at his house. This report was recorded by Bhanwarlal Station House Officer, Police Station Bilara and he proceeded to make enquiries under Section 174, Criminal Procedure Code On enquiries it was found that it was not a case of suicide but a case of throttling. Amar Chand son of Tej Raj also submitted a report that his father had been throttled to death, by Ganga Ram. On the 11th of January 1962, at 11.45 A.M. after investigation Ganga Ram appellant was challaned before the Munsiff -Magistrate Bilara under Section 302, I.P.C., Gangaram was examined on the 24th of March 1962 by the Munsiff -Magistrate, Bilara. Gangaram stated that 2and months back Tej Raj had come to his house to demand from him Rs. 250. At that time 2/4 persons were present. Gangaram asked, Tej Raj to give him time for 5/7 days. Thereupon Tej Raj said that the money must be paid then and there otherwise something else would happen which would put Gangarain in trouble and he (Tej Raj) would also suffer. The appellant then went away leaving Tej Raj alone at his house. His wife and others had gone out. Only a small girl of 9 years was playing in the chowk outside his house. The appellant asked one Shakoor at the shop of Chela to lend him some money, Shakoor and Chela promised, that each of them would pay Rs. 100 the next day. There he stayed for one hour. Then came her daughter and two other children at the house of Chela and informed him that Boraji (Tej Raj) was hanging in the house. He also heard from Narain that Tej Raj was dying by fastening a noose at his house. He and several other persons went to his house. They found Tej Raj hanging from the Kara (Iron ring) fixed in the ceiling of his sal (Verandah). His turban was seen fastened to his neck. Tej Raj was raised from the ground and he found that he was breathing slowly. He got him unfastened and he was laid down in the chowk (compound) of his house. On examination it was found that Tejaraj was dead. Tejaraj's turban was unfastened from, the iron ring by Narain who after folding it had put it below his head. There was found no dust on the turban on account of having it fixed to the iron ring. He denied that he had throttled Tej Raj. He was charged under Section 302, I.P.C. by the learned Magistrate and committed for trial to the Additional Sessions Judge, No. 1, Jodhpur. The learned Additional Sessions Judge held that the death of Tej Raj was accused by the accused by throttling him and convicted him under Section 302, I.P.C., and sentenced him as aforesaid. Hence these two appeals by Gangaram to this Court.

(3.) FOR convicting the accused, the learned Additional Sessions Judge relied on the evidence of Tara Chand (P.W. 11). He had stated that on the 10th of January 1962 at about 9.00 A. M., he was passing in the thoroughfare adjacent to the compound of Gangaram when he heard Tej Raj demanding money from Ganga Ram appellant. Ganga Ram said that he had no money at that time and that he would pay it later on. Tej Raj abused Gangaram for not paving his dues on which Gaugaram grappled with Tej Raj and put his hand on his neck. Tara Chand then went away and left village Jalak. The learned Additional Sessions Judge entirely disbelieved the defence that Tej Raj had committed suicide by hanging from the ceiling in the verandah of Ganga Ram's house in the absence of Gangaram. The learned Additional Sessions Judge also held that though Shri Shyam Lal Bohra (P.W. 3) who had performed the post mortem examination was of the opinion, that death was caused by asphyxia as a result of hanging, yet the case was not one of hanging but was either of strangulation or of throttling. He took the view that from the circumstantial evidence on record as well as that of Tara Chand, it was established that the appellant had throttled Tej Raj and was thus guilty of an offence under Section 302, I.P.C.