PREM RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Section 374 has been filed against the judgment dated 7.11.2003 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawaimadhopur in Session Case No. 3/2003 whereby the accused appellant has been convicted and sentenced as under:

(2.) The brief facts giving rise to this appeal are that complainant Hari Ram (PW/1) has lodged a written report Ex.P/1 on 26.10.2002 at Police Station, Bonli stating therein that on 25.10.2001 at about 5.00 PM, there was a quarrel as regards to the land of Bada between neighbor Ram Prasad and Shambhoo Mali. On hearing the noise, he went there and saw that Shambhoo, Hariram and Premraj are inflicting injuries to Ram Prasad and his wife Swaroopi. Ramsahai, Hemraj, Babu and Ramesh were also there who have seen the occurrence. Ram Prasad received grievous injuries. Swaroopi has also received grievous injury on her head. Laloo, Ramlal, Babu and complainant shifted them to Sawai Madhopur Hospital. Laloo Meena was the driver of the vehicle. Swaroopi has died during the treatment and Ram Prasad was referred to Jaipur. It has also been mentioned in the First Information Report that the present appellant Premraj was having Axe in his hand and he has inflicted injuries from the same. On this report, FIR No. 185/2002 has been registered for the offence under Sections 302, 307, 323, 448, 34 IPC and after usual investigation, charge sheet has been filed against the present appellant and against Hariram and Shamboolal which has been committed to the Court of Sessions and transferred to Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur. The court below has framed charges against the appellant for the offence under Sections 302, 307, 302/34, 307/34 and other co-accused persons. In support of its case, the prosecution has examined PW.1 Hari Ram, PW.2 Ram Prasad, PW.3 Dr. M.L. Kanawat, PW.4 Laddu, PW.5 Hem Raj, PW.6 Ram Lal, PW.7 Lallu Lal, PW.8 Sita Ram, PW.9 Ram Sahai, PW.10 Babu Lal, PW.11 Ramesh, PW.12 Ramsharan Lal, PW.13 Pawan Kumar, PW.14 Jugal Kishore, PW.15 Miss Manju, PW.16 Ram Khiladi, and PW.17 Dr. Anu Bhandari and produced Ex. P/1 to P/38. Statements of accused persons have been recorded under Section 313 Cr.P.C and in defence DW/1 Suraj has been examined and defence has relied upon Ex.D/1 and D/2 and report of Forensic Science Laboratory, Rajasthan has also been exhibited as Ex.C/1. After conclusion of the trial, Hariram and Shamboolal were acquitted from all the charges and present appellant has been convicted and sentenced, as referred above. Hence this appeal.

(3.) The contention of the present appellant is that the matter was compromised between the parties and PW/2 Ram Prasad who is alleged to have suffered injuries has not supported the prosecution story, all other witnesses to the incident named in the FIR have not supported the prosecution story and the court below has relied upon the evidence of PW/15 Miss Manju and PW/16 Ram Khiladi who are not the eye-witnesses of the incident, they have not been named in the FIR and they are child witnessed, they are residing with their Nana and they are in the influence of Nana and are tutored witnesses. There is no motive for the appellant to murder the deceased or to inflict grievous injury to Ram Prasd, Swaroopi. Presence of child witnesses is doubtful, hence they cannot be relied. In the alternative, their contention is that Swaroopi has received only a single blow, incident has occurred in spur of moment, there is no repetition of any injury. Admittedly, both parties are members of the same family and Axe is commonly used weapon, no specific intention has been attributed to the appellant and case does not travel beyond the scope of Section 304 Part-II IPC.