DHURA RAM AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Addl. Sessions Judge, Bikaner has convicted the appellants Mani Ram and Dhura Ram for offence under section 302 I.P.C. and has sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. 1,000.00 each and in default of payment of fine to under go further imprisonment of three months each. Aggrieved, both of them have come in appeal.

(2.) The prosecution story is that on 20th Feb., 1984, PW I Kheraj Ram, PW 2 Nanu Ram, PW 6 Pat Ram and deceased Govind Ram had gone from their village Jegla to the field of Pat Ram for collecting grass. They had taken a camel cart with them. They reached the field of Pat Ram at about 7.30 in the morning and collected bundles of grass in the camel cart. At about 10 a.m. all the four persons started back for the village. PW 1 Kheraj was leading the camel cart while PW 2 Nanu Ram, PW 6 Pat Ram and deceased Govind Ram were following the camel cart. The prosecution story is that when this party reached near the field of one Sadasukh, 8 accused persons namely Dhura Ram, Mani Ram, Krishna Ram, Shankar Lal, Ramdhan, Lekh Ram, Brij Lal and Hanuman came there. Mani Ram, Kishna Ram, Dhura Ram and Lekh Ram were armed with 'Selas' while the rest of the accused persons were armed with 'Barchis'. The accused party was shouting MARO MARO. All the accused persons came near Govind Ram and first of all Mani Ram gave a 'sela' blow on the abdomen of Govind Ram hitting him on the right side. Thereafter. Dhura Ram dealt another 'sela blow on the left side of the chest of Govind Ram. Thereafter, all the accused persons surrounded Govind Ram; Govind Ram had fallen to the ground in the meanwhile. The prosecution story is that Kheraj Ram, Patram and Nanuram tried to intervene but Lekhram gave a 'sela' blow on the right hand of Kheraj, Nanu Ram and Patram ran away from the scene of occurrence and Kheraj also ran away to some distance. The prosecution story is that after beating Govind Ram, all the accused persons ran away towards their village.

(3.) The prosecution story is that PW 6 Patram straight away went to Police Station, Nokha where he lodged an oral report of the occurrence. PW 8 Sarjeet Singh entered the report as Ex. P. 9 in daily Rojnamcha'. He, however, did not record any formal FIR. He procured the services of a photographer and went to village 'Jegla'. He reached village 'Jegla' about 3.30 p.m. lie first of all went to the scene of occurrence and inspected the same and, thereafter, proceeded to the house of PW 1 Kherajram and recorded his statement Ex. D-2. Thereafter, Sarjeet Singh went back to the scene of the occurrence and prepared the site plan Ex. P-1 and legend thereof Ex.P-1(A). This is said to have been done in the presence of alleged eye-witness Kherajram, Nanuram on 20-2-84 itself.