RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal by accused appellants Ram Swaroop and Krishna Kumar arises out of the judgment and order dated 7-8-98 passed by the Additional Sessions Judge Jhunjhunu, thereby convicting them for offence under Section 302 read with Sec. 34, IPC and sentencing each of them to undergo life imprisonment and a fine of Rs. 1000.00, in default of payment of fine, each to further undergo 3 months simple imprisonment.

(2.) Succinctly stated the facts leading to this appeal are that on 7-9-97, PW-1 Suwa Puri lodged a written report at Police Station, Nawalgarh, alleging therein that on 7-9-97 at 4.30 p.m. his son Ramniwas was going for dinner in the 'Mel' of Keshar Bhat in the jeep of Sadhu Ram and one Lalu Ram was also accompanying them. Since there was no way to cover further distance by jeep, they left the jeep in Jondi and proceeded on feet. When they reached near the field of Sultanpuri, the accused appellants along with Fooldi and Bhanwari came there and stopped them. As per the report, Krishna, Ram Swaroop and Bhanwari had 'Dharias' in their hands, while Phuldi had a Gandasi. On the request with folded hands having been made by Sadhu Ram, the accused replied that they have no concern with him and that they will kill Ram Niwas. In the meantime, Ram Niwas escaped from the scene. But the accused persons chased him and caught him and then belaboured him mercilessly. Having felt that Ram Niwas has died, the accused persons ran away. The complainant stated that after the accused left the place, his son went to the house of Chauth Puri which was situated nearby and then he was called upon. When the complainant reached the house of Chauthmal, he was informed of the incident by his son. The complainant took her son to the police station and lodged the report. At that time, his son was unconscious. On the above written report, police registered a case for offence under Sections 341, 307, 323 and 324, I.P.C. vide FIR No. 282/97 (Ex. P-2) and proceeded with the investigation. Injured Ram Niwas was medically examined in Government Hospital, Sikar by PW-17 Dr. Govind Ram Tanwar, who found as many as 19 injuries vide Injury Report, Ex. P-16. Out of 19 injuries, 10 were caused by sharp edged weapon, while rest were caused by blunt object. Having seen the condition of injured, he was referred to SMS Hospital, Jaipur for treatment, where he succumbed to injuries on 11-9-97. Thereafter, the police added Section 302, I.P.C. In the course of investigation, the police prepared the site plan, Ex. P-3 and seized bloodstained soil and collected soil vide means Ex. P-4 and P-5. The police also prepared the inquest report Ex. P-14 and got conducted autopsy on the dead body by PW-18, Dr. M. D. Qureshi and collected post-mortem report Ex. P-17. Accused Ram Swaroop and Krishna Kumar were arrested vide memos Ex. P-7 and P-8. Accused Ram Swaroop and Krishna Kumar furnished information Exs. P-18 and P-19 respectively under Sec. 27 of the Evidence Act regarding recovery of Dharia. Pursuant to their information, the police recovered 'dharia' from each of the accused vide recovery memos, Ex. P-11 and P-12, respectively. The Police also recorded the statements of witnesses under Sec. 161, Cr. P. C.

(3.) Having completed investigation as against the present appellants, the police submitted a charge-sheet in the Court of Additional Chief Judicial Magistrate, Nawalgarh on 21-11-1997 and kept pending investigation against other accused persons as provided by Section 173(8), Cr. P. C. The learned Magistrate, having found the case exclusively triable by the Court of Session, committed the case to the Court of Session Judge. The case came to be tried by the Additional Sessions Judge, Jhunjhunu. The trial Court on the basis of evidence and material collected during investigation and placed before it and after hearing arguments of counsel for the parties, framed charges against the appellants for offence under Sec. 302/34, I.P.C. The appellants denied the charges and claimed trial.