STATE OF RAJASTHAN Vs. NATHURAM

JUDGEMENT

(1.) These cross appeals are directed against the judgment of the learned Additional Sessions Judge, Nohar dated 28-3-1985, whereby, he convicted and sentenced as under :- (1) Accused Prem and Mst. Rameti : u/S. 304/34, I.P.C. 10 years' R.I. and a fine of Rs. 500.00 u/S. 324/34, I.P.C. 2 years' R.I. u/S. 447, I.P.C. 2 months' R.I. (2) Accused Nathuram : u/S. 304/34, I.P.C. 10 years' R.I. and a fine of Rs. 500.00 u/S. 324, I.P.C. 2 years' R.I. u/S. 447, I.P.C. 2 months' R.I. @@@

(2.) The accused-appellant have challenged their conviction for the offences as stated above, while the State has challenged the judgment on the ground that the accused-appellants are liable for conviction for the offence under S. 302, IPC, therefore, they should be convicted for the offence under S. 302, IPC instead of S. 304, IPC. All the substantive sentences have been ordered to run concurrently for each accused.

(3.) The prosecution case is that one Jagdish s/o Hariram (deceased) r/o Village Birkali, lodged an oral report at the police station, Nohar stating that his maternal uncle Nathuram and Prem live at Birkali, have a dispute on the agricultural land between the accused and the deceased, therefore, they are in inimical relations. On the morning of 7-11-1981, the informant had gone to his field to sow the gram. His sister Shanti came to the field with his meals at 10 a.m. The land of his maternal uncles Nathuram and Prem is just adjacent to the field of the informant and his father Hariram. At about 12.00 noon, his father Hariram and one Gulab also came on the field. On seeing them, the informant's maternal uncle Prem came to his father and complained that his (Hariram) son was abusing the accused appellants. Immediately, thereafter, his maternal uncle Nathu, and Mst. Rameti w/o Prem came to their field, who had sickles in their hands. Nathuram caught hold of the hand of his father Hariram, Nathu and Mst. Rameti gave sickle blows to him. Hariram some how escaped and ran away towards village but the accused persons caught hold of him again under Bordi tree and gave merciless beating. Prem had a pistol and he used the butt of pistol. Nathu and Mst. Rameti gave sickle blows and also used bricks. The informant i.e. son of the deceased tried to save his father Hariram, on which, Nathu gave a sickle blow on the left side of the forehead of Jagdish. Prem also threatened them not to come near, otherwise, he would kill them. The informant Jagdish and Gulab ran away. As a result of severe beating, there was profused bleeding from the person of the deceased and he died. He along with his sister came to their mother and narrated the whole incident. On this information, a case under Ss. 302/34, 324, 447, IPC was registered against the accused-appellants at police station, Nohar. The post-mortem was got conducted. The site-plan was prepared. Samples of blood-stained soil and controlled soil were taken and they were sent to the F.S.L. Two blood-stained wooden patties, blood-stained clothes of the deceased, bloodstained Juti, were also collected from the spot, sealed and sent to F.S.L. for chemical examination. Panchayatnama was prepared. Accused Prem, Nathuram and Mst. Rameti were arrested At the instance of accused Prem, a blood-stained broken pistol was recovered. At the instance of accused Nathu and Mst. Rameti, blood stained sickle was recovered. After usual investigation, the challan was filed in the Court of Munsif and Judicial Magistrate, Nohar, who in his turn, committed the case to the Court of Session. The accused-appellants pleaded not guilty but they claimed for trial. During trial, as many as 14 witnesses have been examined by the prosecution. The statements of the accused persons under S. 313, Cr. P.C. were recorded.