KALLU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THREE appellants alongwith one Kishan Lal were the accused on the file of learned Special Judge & Additional Sessions Judge, Alwar in Sessions Case No. 15/94. Vide judgment dated November 5, 1997, the learned trial judge found the appellants Kallu Ram, Mahendra and Chhagan Lal guilty and convicted and sentenced them as under : KALLU RAM : U/s. 302 IPc Life Imprisonment with fine of Rs. 1000/- and in default of payment of fine to further sentence of 2 months R. I. U/s. 324/34 IPc One year R. I. with fine of Rs. 200/- and in default of payment of fine to further undergo 15 days RI. CHHAGAN LAL & MAHENDRA : U/s. 302/34 IPc Life Imprisonment with fine of Rs. 1000/- and in default of payment of fine to further sentence of 2 months R. I. U/s. 324 IPc One year R. I. with fine of Rs. 200/- and in default of payment of fine to further undergo 15 days RI. All the sentences were ordered to run concurrently. Accused Kishan Lal was however acquitted. Assailing the said judgment of conviction, the appellants Kallu Ram, Chhagan Lal and Mahendra have preferred the instant criminal appeal.

(2.) THE prosecution case as projected during trial was that on June 6, 1993 at about 10. 30-11. 00 a. m. informant Hans Raj alongwith his brother Shyam Sunder (now deceased) and Deepak son of Shyam Sunder visited the shop of one Shyam Lal Bajaj in village Alawada. At the relevant time the accused appellants along with their father Kishan Lal opened assault with knives in their hands. THE accused persons inflicted knife blows on the person of Shyam Sunder resulting in his death. When the accused persons were inflicting injuries to Shyam Sunder, informant Hansraj with Deepak, endeavoring to save Shyam Sunder intervened in the scuffle. By reason of the intervention, informant as well as Deepak were also assaulted at the hands of accused persons. It was further stated that earlier on the same day the deceased had visited the house of accused persons in order to purchase meat, where he had indulged in a verbal dual with the accused persons. Informant Hansraj submitted a report at Police Station Ramgarh on the same day. On the basis of the aforesaid report Crime No. 125/93 was registered at Police Station Ramgarh against the accused appellants and one Kishan Lal. Statements of the witnesses under Section 161 Cr. P. C. were recorded. Inquest report was drawn. Autopsy on the dead body was conducted. Site plan was prepared. THE accused were arrested. Knives used in the occurrence was recovered and after completion of the investigation the challan was filed. In due course the case came up for trial before the learned Special Judge and Additional Sessions Judge, Alwar. Charges under sections 302, in the alternative 302/34 IPC, 324 and 324/24 IPC were framed and read over the same to the accused. THE accused denied the charges and claimed to be tried. THE prosecution examined as many as 22 witnesses and exhibited 30 documents. In defence four witnesses were examined and seven documents were exhibited. THE accused in their explanation under Section 313 Cr. P. C. denied the allegations levelled against them. THE learned trial judge after hearing the arguments convicted and sentenced the accused as mentioned above and acquitted accused Kishan Lal.

(3.) COMING to the testimony of Hansraj PW. 1, it may be noticed that he is the real brother of the deceased. In his deposition Hansraj supported the version narrated in the FIR and stated that he along with Shyam Sunder and Deepak had gone to the shop of Shyam Lal Bajaj for purchasing clothes. As soon as they reached the shop Master Ram Kishan exhorted his sons Kallu, Mahendra and Chhagan and asked them to kill informant Shyam Sunder and Deepak. Thereafter Master Ram Kishan and his three sons who were armed with knives and chhuras attacked them. Master Ram Kishan inflicted knife injuries on the right hand of Shyam Sunder. Kallu inflicted knife blows just below the ribs of Shyam Sunder, as a result of which Shyam Sunder fell down. Mahendra and Chhagan also inflicted knife blows on the person of Shyam Sunder. When Hansraj informant intervened Master Ram Kishan gave knife blows on his head. Mahendra and Chhagan inflicted knife blows on his back. When Deepak made attempt to caught hold of Kallu, Kallu took bite on his back and flayed away. Hansraj further stated that in the morning of the said day there were altercations between them and the accused. Shyam Sunder was taken to the Hospital where postmortem on his dead body was conducted. In the cross examination Hansraj stated that report Ex. P. 15 was got written by him from Arji Navis Budhalal. Some help was also given by his relative advocate Jagdish Satija. However in his cross examination Hans Raj stated that he got the report Ex. P. 15 written by Budha lal deed writer and some help was provided by his relative Jagdish Satija Advocate. When he (Hans Raj) became conscious, he found Jagdish Satija Advocate standing outside the police station. Hans Raj further deposed that it was not stated in the report Ex. P. 15 that Mahendra and Chhagan inflicted knife blows on the person of Shyam Sunder. In his police statement Ex. 0. 4 also he did not narrate this fact. It was not known to him even after the incident that as to on which part of the body of Shyam Sunder, Chhagan and Mahendra inflicted injuries.