KANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS judgment will dispose of two connected appeals arising out of two different trials, but relating to the crimes alleged to have been committed in! the course of the same transaction. The appellants in the first appeal are seven of the twelve accused who were convicted and sentenced by the Additional Sessions Judge, Sikar, under Sec. 148, 447 & 302 - 149 IPC vide his judgment dated, March 8, 1976. The appellants in the second appeal are three in number, who were similarly convicted and sentenced by the learned trial judge subsequently on January 27, 1978.

(2.) THE case of the prosecution which resulted in the conviction and sentence of the appellants as aforementioned may be shortly stated here. On October 16, 1973, morning, Narain, Jawahara, Lekhu, Kharga and Pokher were working in their bajra field and plucking bajra spikes from there. It appears that this field originally belonged to one Ladoo Ram who died a month or so prior to this occurrence. Jawahara, who was plucking bajra spikes of the crop standing in this field at the time of occurrence, claimed to have inherited this land from Ladoo Ram as the latters adopted son. Kana & Sukhdeva accused are sons of a brother of Ladoo Ram. THEy disputed Jawahara's title to, this land and instead claimed that they were its rightful owners. THE prosecution story as given in the F. I. R. goes that on October 16, 1973, at about 10-00 A. M. Kana Ram along with his son, Rameshwar, wife Sikori, son-in law. Prem, two daughters-in-laws (i. e. Rameshwar's wife and Bhagirath's wife), brother Sukhdeva, Bhagirath and Ram Niwas sons of Sukhdeva, Bali wife of Sukhdeva, Ganpati daughter of Sukhadeva, Naurang Ram son - in - law of Sukhdeva, Dhanna, Nazir Khan and Sukhdeva II arrived in the field armed with Lathis and Gandasis & began to abuse & threaten Jawahara and other stating that they would not let them harvest the crop. It is alleged that the men of the accused party were all carrying lathis and the women were armed with gandasis All of them began to strike indiscriminate blows on Jawahara and Naraina with their respective weapons. Jawahara sustained 23 injuries including 12 fractures. Naraina sustained 26 injuries including 12 fractures. THEy died on the spot. Kharga, Lekhu and Pokher who are alleged to have witnessed the occurrence escaped unhurt. PWs. Mahadeva and Jhabar whose names were not mentioned in the F. I. R. as eye-witnesses of the occurrence were produced in the trial among the eye-witnesses.

(3.) DR. Jangid who conducted the post mortem examination found 23 and 26 injuries on the dead bodies of Jawahra and Naraina respectively. All the injuries on them were found to have been inflicted with blunt weapons. DR. Jangid testified that both Jawahra and Naraina had died due to shock and haemorrhage caused by the said injuries. The learned trial judge therefore concluded, and rightly so in our opinion, that both Jawahra and Naraina had met with homicidal death.