MAGNI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated June 30, 1984, passed by the Additional Sessions Judge, Nagaur, by which the appellant Magni Ram was convicted under Sections 302 and 447 I. P. C. and was sentenced to undergo imprisonment for life and a fine of Rs. 100/-, and in default of payment of fine further to undergo one month's rigorous imprisonment under Section 302 I. P. C, and three month's rigorous imprisonment under section 447 I. P. C. Both the sentences were directed to run concurrently.

(2.) THE incident, which led to the prosecution of the appellant Magni Ram, took place in the field of Smt. Sukhi of village Guda Bhagwandas in district Nagaur in the morning of October 2, 1983, when Smt. Sukhi was murdered by accused-appellant Magni Ram. THE report of the incident was lodged at Police Station, Panchori (district Nagaur) at 12. 30 p. m. by PW 11 Gulla. It was averred in that written report by PW 11 Gulla that about ten years before, Magni Ram (the appellant) was adopted by Shri (late) Binja Ram Meghwal-the husband of Smt. Sukhi. After the death of Binja Ram, accused Magni Ram turned Smt. Sukhi out of the house and forcibly took possession over the agricultural field. THEreafter she took half of the field from Magni Ram and started living separately. This was the bone of contention between Smt. Sukhi and accused Magni Ram. Smt. Sukhi is the maternal grand-mother of the informant Gulla (PW 11 ). Magni Ram wanted to turn Smt. Sukhi out of the agricultural field as well as the Dhani and, therefore, Ml. Sukhi had brought the informant Gulla (PW 11) from his village Dantina and he used to live with his maternal grand-mother. In the morning, he alongwith his grandmother Smt. Sukhi went to the field for collecting the water-melons and after collecting the water-melons, they were coming to the Dhani of Smt. Sukhi. When they reached in the field of Smt. Sukhi, where the Bazri and Moth crop had been sown, in the morning at about 7. 00 to 7. 30 a. m. , the accused Magni Ram came there armed with an axe and Jayee and started abusing Smt. Sukhi by saying and after saying so, he inflicted axe-blow on the occipital region of Smt. Sukhi by the sharp side of the axe. After crying, Smt. Sukhi fell down. Accused Magni Ram inflicted second blow by the axe on the head of Smt. Sukhi. At that time, the handle of the axe broke and thereafter accused Magni Ram inflicted injuries by Jayee. THE informant Gulla (PW 11) did not try to intervene on account of the fear and only raised an alarm. On hearing the alarm, THEkedar Jetha Ram (PW 9) came there, who was standing in his field and asked why he had killed the old lady, whereby accused Magni Ram ran away. When they took care of Smt. Sukhi, she was found dead. THEreafter he went to the village, called Bhoor Singh and Sugna Ram Meghwal and thereafter came to lodge the report. On the basis of this report, a case under Sections 302 and 447 I. P. C. was registered against the accused. After necessary investigation, the police presented the challan and the accused-appellant was tried by the learned Additional Sessions Judge, Nagaur, and the learned Additional Sessions Judge, after trial, convicted and sentenced the accused-appellant as mentioned above. It is against this judgement, convicting and sentencing the appellant that he has preferred the present appeal.

(3.) PW 11 Gulla Ram has stated that Smt. Sukhi was his maternal grandmother. About seven months before, in the morning, at about 7. 00/7. 30 a. m. , he, alongwith his maternal-grand-mother went to the field for collecting the water-melons. After collecting the water-melons, they placed the water-melons in a Kunda, which was being carried by his maternal grand-mother Smt. Sukhi. When they reached in the field of Smt. Sukhi, the accused came from the Eastern side armed with an axe and Jayee, started abusing Smt. Sukhi and asked "raand, I will kill you" and asked him, also, that he will kill him, too. Thereupon, the accused inflicted injury on the occipital region of Smt. Sukhi from the sharp side of the axe and thereafter inflicted one more injury with the axe on her head. On receiving the injuries, Smt. Sukhi fell down to the ground. After inflicting the second injury by the axe, the handle of the axe broke and the accused, thereafter, inflicted 10 to 12 injuries to Smt. Sukhi by the Jayee while she fell down on the ground. During the course of inflicting the injuries by Jayee, the horns of the Jayee were, also, broken. He saw the occurrence from the distance of 4 to 6 Paundas and he raised alarm and on hearing the alarm, Jatha Ram Thekedar, who was standing in his field on the Western side, came there and thereafter the accused ran away. Thereafter he and Jatha Ram took care of the deceased, blood was coming out from her mouth and she died. Jetha Ram asked him to go to the village and inform the Head but as he was not knowing the Head of the village, therefore, he asked Jetha Ram to accompany him. Thereafter they called Bhoorji and Sugna Ram and they saw the dead-body. Thereafter they asked him to go the Police Station and lodge the report and he went to the Police Station and lodged the report. He has, further, stated that he was called by his maternal grand-mother in the month of 'shrawan' to take care of the land. He has, also, stated that the field, where the occurrence took-place, belongs to Smt. Sukhi and her crop was standing there. He has, also, stated that the accused and Smt. Sukhi used to live separately. He has, also, stated that Smt. Sukhi had sown 20 Bighas of land while the remaining land was cultivated and sown by the accused. He has, also, stated that the accused killed Smt. Sukhi to keep the agricultural field with him. He has, also, stated that the proceedings under Section 107 Cr. P. C. were, also, going on between Smt. Sukhi and the accused. The police came at the scene of the occurrence and made the recoveries, prepared certain Memos and got his signatures. He, also, stated that the blade of the axe, handle, the broken piece of Jayee, the horns of Jayee and the blood-stained soil were, also, recovered and collected by the police. This witness was cross-examined by the accused and was, also, confronted with his statement recorded under Section 161 Cr. P. C, but he could not explain the discrepancies between these two statements. In the cross- examination, he has stated that accused Magni Ram and his maternal grand-mother Smt. Sukhi used to live separately for the last twelve months and he showed his ignorance about the person who cultivated 20 Bighas of the land of Smt. Sukhi. He has denied the suggestion that Smt. Sukhi was not living separately. He has, also, denied the suggestion regarding the non-cultivation of the land by Smt. Sukhi. He has stated that he got the report written from some unknown person in the fair (Mela), and for writing the report, he bought the plain paper from the market. He has denied the suggestion that the report of the incident was got written at village Guda. He also, could not explain the discrepancies between his statement recorded in the Court with that of the Ex. 15-the report lodged by him. Regarding certain facts, which were mentioned in the F. I. R. he has only stated that he cannot say why those facts have not been mentioned in the F. I. R. though he got them written in the report. He has admitted in the cross-examination that Jetha Ram's Dhani is situated at a distance of 60-70 Paundas, but he has denied that it is at some height from where the place of the occurrence could not be seen. He has, also, stated that at the place of the occurrence, there were some signs of struggle over the land, which was a sandy land and there were some marks of struggle and dragging at the place of the occurrence. He has, also, admitted in the cross-examination that when the accused inflicted injuries by the axe on the occipital region of the deceased Smt. Sukhi, at that time she was carrying an Odna on her head which fell down thereafter. He has, also, admitted that Jetha Ram did not come to his field as he was afraid that if he would go to the field then there would be his foot-prints near the dead-body and he would be unnecessarily harassed. He has, also, stated that he was standing at a distance of five paundas from the place of the occurrence and on account of fear he stooled in the Dhoti and went to the Police Station in the same state.