KRISHNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Krishna Ram has been convicted by the judgment of Additional Sessions Judge, Raisingh Nagar dated 3/12/1997 for offence under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- 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 IPC and sentenced to 10 years rigorous imprisonment and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo 1-1/2 years rigorous imprisonment. In both the cases, the sentences. The acquittal of other accused persons namely Ram Chandra, Madan Lal, Sahi Ram, Ramrakh alias Ramlal, Dalu Ram, Mangat Ram alias Ramlal, Dalu Ram, Mangal Ram alias Sant Ram, Rewant Ram, Bagu Ram, Chunni Lal Sb Tara Ram, Chunni Lal Sb Tara Ram and Gorkha Ram has been challenged by complainant Roopa Ram by way or revision.

(2.) The occurrence giving rise to the instant appeals are that P.W.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 P.W.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 P.W.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 of sell was executed on 4/10/1995 whereby it was agreed to sell 1-1/2 Bighas of land in Kila No. 11, 12 & 13 to Mangat Ram vide Ex. Dl. 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 P.W. 10 Harvindra Singh A.S.I., Police Station, Vijay Nagar vide Ex. P.1. As per his version on 10/11/1995, he had gone to the court at Annopgarh. 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 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 Mangal 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. The asked them to desist form 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 want 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 Singh Barrel Gun, Rajendra armed with 12 Bore Single Barrel Singal Barrel Gun and other accused persons armed with Gandasiya & Lathies were Standing. They question them, there 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 Kishna 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 P.W. 3 Jasvindera Singh. Hearring the fire shots, his wife P.W. 2 Mst. Meera rushed to the spot. The incident was also witnessed by P.W. Jasvindra Singh, his mother Salvindra Kaur, Mahendra Singh, P.W. 4 Dhanna Ram etc. The accused persons left the spot in the tractor trolley of Kalu Ram. At about 4.00 P.M. P.W. 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 Sing, P.W. 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 Section 302,307, 447, 147, 148, 149, IPC Before the FIR was formally registered. P.W. 11 Kan Singh C.O., Raisinghnagar receiving wireless message of the incident straightaway proceeded to the spot. He prepared the site plan Ex. P 16 and P1 6A in presence of Mst. Meera. A inquest report was prepared vide Ex. P7. Two empty 12 Bore cartridges were recovered from the spot vide Ex. P18. 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. P10 and 11 respectively. Mangat Ram was also arrested vide Ex. P13. A12 Bore Single Barrel Gun with empty Cartridges and a bandolier of 12 Cartridges and the licence was seize, vide Ex. P. 15. The other accused persons were also arrested and certain recoveries made from them. After usual investigation police laid charge-sheet against the accused person 302, 307, 147, 148, 149, 447 IPC and Section 27 of the Arms Act.

(3.) On being committed, the trial Court framed charged against the appellant Kishna Ram for offence under Section 302, 307/149, 147, 148, 447 IPC read with Section 27 of the arms Act. As against Narayan Ram charges were framed for offence under Sections 302/149, 307, 147, 1148, 447 IPC Section 27 of the Arms Act. As Against rest of the accused person charges were framed for offence under section 302/149, 307/149, 148& 447 IPC. The appellants and other accuse persons denied the charge leveled against them and claimed trial. The prosecution in support of the case adduced oral and documentary evidence. In statement under Section 313 of the Code of Criminal Procedure all the accused persons denied the correctness of the, evidence appearing against them. One of the accused Mangat Ram the son of Mst. Meera stated that 1-1/2 Bighas of the disputed land in kila Nos. 11, 12 & 13 was sold by, Roopa Ram to his mother, Meera by an agreement. Subsequently, the said land was sold to him. The possession of the land was also given to him. On the day of the occurrence, he was getting, the Narma plucked by employing ladies. At that time Roopa Ram arid Om Prakash arrived. Roopa Ram opened fire and in response to that somebody from the field of Narma fired twice which hit Roopa Ram and Om Prakash, In support of the defence Mangat Ram examined D.W. 1 Malkit Singh.