KISHNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Kishna Ram has been convicted by the judgment of Additional Sessions Judge, Raisingh Nagar dated 3. 12. 1997 for offence under Section 302 I. P. C. and sentenced to imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment to further undergo 3 months rigorous imprisonment. He has also been convicted for the allied offences. By the same judgment co-accused Narayan Ram in S. B. Criminal Appeal No. 7/1998 has been convicted for offence under Section 307 I. P. C. and sentenced to 10 years rigorous imprisonment and to pay a fine of Rs. 5000/- and in default of payment of fine to further undergo 1-1/2 years rigorous imprisonment. In both the cases, the sentences have been ordered to run concurrently. THE acquittal of other accused persons namely Ram Chandra, Madan Lal, Sahi Ram, Ramrakh alias Ramlal, Dalu Ram, Mangat Ram alias Sant Ram, Rewant Raj, Bagu Ram, Chunni Lal S/o Gangaram Nathu Ram, Chunni Lal S/o Tara Ram and Gorkha Ram has been challenged by complainant Roopa Ram by way of revision. "

(2.) THE occurrence giving rise to the instant appeals are that PW. 1 Roopa Ram aged 40 years resident of Chak 1 J. S. D. , Jetsar during the life time of his first wife contracted second marriage with PW. 2 Smt. Meera aged 30 years, wife of deceased Bhikha Ram, and mother of three daughters and one son named Mangat Ram. It appears from the record that Mst. Meera sold 3 Bighas of land in Chak 4 L. C. to her brother-in-law Ram Chandra. From the sale proceeds she purchased 1-1/2 Bighas of land from PW. 1 Roopa Ram and 2-1/2 Bighas of land from one Jagraj Singh. When she settled with Roopa Ram as a wife, as per the Panchayat decision 2-1/2 Bighas of land in Kila No. 14 & 15 of her ownership and possession was transferred in the name of her son Mangat Ram. 1- 1/2 Bighas of land in Kila No. 11, 12 & 13 was transferred by Roopa Ram in the name of Mst. Meera for a sum of Rs. 1,05,000/ -. THE said sale was cancelled and a new agreement to sell was executed on 4. 10. 95 whereby it was agreed to sell 1-1/2 Bighas of land in Kila No. 11, 12 & 13 to Mangat Ram vide Ex. D. 1. On the basis of said document the accused persons asserts that they were in possession over the land and the complainant party was aggressor. THE case of the prosecution is that though the crop was cultivated by Roopa Ram, the accused persons created mischief by plucking Narma (American Cotton ). THE manner of occurrence as narrated by Roopa Ram was recorded by PW. 10 Harvindra Singh A. S. I. , Police Station, Vijay Nagar vide Ex. P. 1. As per his version on 10. 11. 95, he had gone to the court at Anoopgarh. He returned to Jetsar at 1:00 P. M. and parked the motorcycle on the shop of one Resham Singh. He hired a jeep from Jetsar and proceeded to the house of Om Prakash situated at Chak 4 L. C. (B ). He was told that his younger brother Om Prakash was in the field as such he proceeded to field. It was reported by Om Prakash that some ladies were plucking Narma under the supervision of accused persons namely Kalu Ram, Kishna Ram, Chunni Lal, Mangat Ram etc. from the field he had agreed to sell Mangat Ram. Both the brothers proceeded to the field and found the information to be correct. THEy asked them to desist from plucking the Narma but they refused to do so. However, they had to return to Dhani, as driver of the jeep was insisting to release him. Accordingly they went to Dhani, unloaded the goods from Jeep and returned to field quickly at about 3 : 00 P. M. While ladies continued to pluck Narma, the accused Narayan Ram armed with 12 Bore Double Barrel Gun, Kishna Ram armed with 12 Bore Single Barrel Gun, Rajendra armed with 12 Bore Single Barrel Gun and Kalu Ram armed with 12 Bore Single Barrel Gun and other accused persons armed with Gandasiya & Lathies were standing. THEy questioned them, their source of authority for plucking the Narma. THE accused persons Narayan Ram and Kishna Ram exclaimed that "they will show the order", and fired at them. He sustained injuries on thigh and legs from the shot fired by appellant Narayan Ram. Another shot was fired by Kishana Ram hitting Om Prakash. Om Prakash fell down. Appellant Kishna Ram came close and again fired, resulting into instantaneous death of Om Prakash. THE complainant Roopa Ram out of fear, fled away and concealed himself in the field of PW. 3 Jasvindra Singh. Hearing the fire shots, his wife PW. 2 Mst. Meera rushed to the spot. THE incident was also witnesses by PW. 3 Jasvindra Singh. his mother Salvindra Kaur, Mahendra Singh, PW. 4 Dhanna Ram etc. THE accused persons left the spot in the tractor trolley of Kalu Ram. At about 4:00 P. M. PW. 8 Lekhraj arrived with two police constables and removed him to the hospital. He was admitted in the Government Hospital, Vijay Nagar. On the information given by Dr. Hanuman Singh, PW. 10 Harvindra Singh A. S. I. , Police Station Vijay Nagar reached at the Hospital at 6:15 P. M. and recorded his statement. On the basis of the said Tahrir, F. I. R. No. 211/95 vide Ex. P. 21 was registered for offence under Sections 302, 308, 447, 147, 148, 149 I. P. C. Before the F. I. R. was formally registered. PW. 11 Kan Singh C. O. , Raisinghnagar receiving receiving wireless message of the incident straight away proceeded to the spot. He prepared the site plan Ex. P 16 and P. 16-A in presence of Mst. Meera. A inquest report was prepared vide Ex. P. 7. Two empty 12 Bore Cartridges were recovered from the spot vide Ex. P. 18. THE police completed other formalities and sent the dead body of Om Prakash for autopsy. Appellants Narayan Ram and Kishna Ram were arrested on the same day vide Ex. P. 10 & P. 11 respectively. Mangat Ram was also arrested vide Ex. P. 13. A. 12 Bore Double Barrel Gun, one empty cartridge and a bandolier of 12 cartridges with licence was seized vide Ex. P. 14. Similarly, from Kishna Ram a 12 Bore Single Barrel Gun with empty cartridges and a bandolier of 12 cartridges and the licence was seized vide Ex. P. 15. THE other accused persons were also arrested and certain recoveries were made from them. After usual investigation police laid charge-sheet against the accused persons for offence under Section 302, 307, 147, 148, 149, 447 I. P. C. and section 27 of the Arms Act.

(3.) PW. 2 Mst. Meera after narrating the fact of her marriage with Roopa Ram, her earlier marriage with Bhikha Ram, her family, the dispute with respect to the land stated that Roopa Ram and Om Prakash arrived in the field at about 3:00 P. M. They went to the Dhani and returned soon in a Tractor. At that time the was in the field. Roopa Ram and Om Prakash asked the persons plucking Narma to desist from doing so. Narayan Ram opened fire which hit Roopa Ram. Thereafter Kishna Ram opened fire hitting Om Prakash on account of which he fell down. Kishna Ram refired hitting Om Prakash, on account of which he died on the spot. She further stated that Roopa Ram fled away and took shelter in the field of Jasvindra. She gave first aid to Roopa Ram. Thereafter, Lekhraj, Nishan Singh and two constables arrived who took him to the hospital. In the cross examination, she admitted that she witnessed the incident from the distance of one and quarter bigha. She also admitted that when the accused persons opened fire, she was hiding in the field of Narma. One of the accused namely Narayan Ram exhorted to kill her husband and in fact opened fire but she was saved. Looking to the distance at which she was, there appears to be some substance in the contention of the learned counsel that she did not witness the actual incident. However, her statement cannot be totally discredited as she reached on the spot just after the incident.