BHINYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Bhinya Ram and his three sons, Bhanwaroo Girdhari and Ram Kumar, have filed this appeal against the judgment of the Sessions Judge, Merta dated 14th December, 1973 in Sessions Case No. 15/73. In the said case the aforesaid appellants were charged with offences under sections 302, 324 and 323 Indian Penal Code and in the alternative under sections 302, 324 and 323 read with section 34 Indian Penal Code. The Sessions Judge convicted all the four appellants of the offence under section 302 read with section 34 Indian Penal Code and sentenced each one of them to imprisonment for life and to pay a fine of Rs. 20/- each and in default of payment of fine to undergo further R.I. for 2 years. Appellant Girdhari has also been convicted for the offences under section 323 Indian Penal Code and has been sentenced to rigorous imprisonment for a period of 6 months and to pay a fine of Rs. 51/- and in default to payment of fine to undergo rigorous imprisonment for a further period of one month.

(2.) The case of the prosecution is that Poornaram (P.W. 1) had four sons viz. Bhinya Ram appellant. Ruggha Ram deceased, Sanwalia Ram (P.W. 3) and Dola. Appellant Bhinya Ram and deceased Ruggha Ram had separated from their father and were having their separate lands for cultivation. San walia Ram and Dola were living with their father Poona Ram. The field of appellant Bhinya Ram lies at a distance of about 2 miles from village Dugoli. The fields of deceased Rughha Ram adjoined the field of appellant Bhinya Ram in the north and east and the field of Poorna Ram (P.W. 1) lies towards the south of the field of appellant Bhinya Ram. A path from village Dugoli to village Sinwad passes, through the field of appellant Bhinya Ram. On 30th October 1972 at about 10 A.M. the appellants were in their field and were loading their cart with the cobs of Bajra that was harvested by them in their field. They had also hired the camel cart of Rama Kishan (P. W. 9) and he was also present in the field of the appellant with his cart at that time. Deceased Ruggharam, while he was going to his field passed by the field of the appellants and appellant Bhinya Ram asked the deceased to come and take the money which was owed to him by appellant Bhinya Ram. Thereupon deceased Rugga Ram went in- the field of Bhinya Ram and as loon as he reached near the place where the appellants were loading their cart, all the four appellants started assaulting him. Appellant Bhinya Ram was armed with a Chosangi, a four pronged stick, Bhanwaroo had a jei, Girdhari had a lathi and Ram Kumar had a Kasai. Rugga Ram, on being attacked by the appellants, raised an alarm. At that time Poorna Ram (P.W. 1) was passing by with a loaded cart of folder and, on hearini the alarm of Rugga Ram, Poorna Ram ran towards the field of the appellants. Sanwalia Ram (P.W. 3) was working in his field and he also heard the alarm of Rugga Ram and came running to the field of the appellants Poorna Ram and San walia Ram were also assaulted. Poorna Ram and Sanwalia Ram came to their Dhani. From the Dhani San walia Ram went along with his mother to the scene of the occurrence and. Puma Ram went to meet Hanuwat Singh, (P.W. 8) Sarpanch of the village Dugoli. After meeting Hanuwat Singh, Poorna Ram narrated the incident to him and asked him to write down a report for the purpose of lodging with the police. A report (Ex.P. 1) was written out by Ganesh Ram (P.W. 10) Kamdar of Hanuwat Singh, and, after the thumb impression of Poorna Ram had been obtained on it. the said report was taken to Police Station, Surpalia by Kashi (P.W. 2) and Ganesh Ram (P.W. 10) and it was lodged at Police Station, Surpaliya on 30th October 1972 at 6 P.M. On the basis of the said report Awad Dan (P.W. 4) who was S.H.O. of Police Station, Surpaliya; registered a case under section 302 and 307 Indian Penal Code and commenced the investigation. Awad Dan prepared the site: plan (Ex. P.5) memo of site inspection (Ex. P.6) and the inquest report (Ex. P.7). He seized blood stained earth and ordinary earth from near the cart in the field of appellant Bhinya Ram vide seizure memo Ex. P. 8 and from near the place the dead body of Rugga Ram was lying vide Seizure Memo, Ex. P. 10. He also seized the clothes of the deceased vide seizure memo Ex. P. 9. The post - mortem examination or the dead - body of deceased Rugga Ram was conducted by Dr. Ram Ratan Nagora (P.W. 6), Medical Officer, Primary health Centre, Deh. on 1st October, 1972 at 2 P.M. According to post mortem report (Ex. P. 16) the deceased had 25 injuries on his person out of which 21 injuries were grievous. In the opinion of the Medical Officer the death was caused by excessive haemorrhage and shock caused by the, injuries. Dr. Ram Ratan Nagora also examined the injuries of Poorna Ram (P.W. 1) on 31st October, 1972 at 3 P.M. and prepared the injury report Ex. P. 17. According to the said injury report Poorna Ram had 5 simple injuries on his person. Dr. Ram Ratan Nagora also examined the injuries on Sanwalia Ram (P.W. 3) on 31st October, 1972 at 10 A.M. and prepared the injury report Ex. P-18. According to the said injury report San walia Ram had 6 injuries which were all simple. Appellants Bhinya Ram and Girdbari were arrested on 31st October, 1972. According to the Arrest Memo (Ex. P. 11), at the time of his arrest appellant Bhinyaram had two injuries, one on the Palm of his right hand and the other on forehead and the blood has present on both the injuries. Appellants Ram Kanwar and Bhanwaroo were arrested on 2nd November 1972. On the basis of information (Ex. P. 24) given by the appellant Bhinya Ram a Chosangi was recovered vide recovery Memo Ex. P. 20 on 10th November 1972. Similarly on the basis of information (Ex p. 23); given by appellant Bhanwaroo a Chosangi was recovered vide memo Ex. p. 19. On the basis of information (Ex. p. 26) given by appellant Girdhari a lathi was recovered vide memo Ex. p. 21. On the basis of the information (Ex. p. 25) given by appellant Ram Kumar a kassi was recovered vide memo Ex. p. 22. The Chosangi recovered at the instance of appellant Bhinya Ram. The Kassi recovered at the instance of appellant Ram Kumar and the lathi recovered at the instance of Girdhari were sent for chemical examination and the report (Ex. p. 27) of the Chemical Examiner showed that while the lathi recovered at the instance of appellant Girdhari was negative for blood, the Chosangi recovered at the instance of appellant Bhinya Ram and the Kassi recovered at the instance of appellant Ram Kumar were positive for blood. The report Ex. p. 28) of the Serologist showed that the Chosangi as well as Kassi were both stained with human blood, but the group of the blood could not be determined. After completing the investigation the police filed a charge sheet against the appellants and Smt. Sohni, wife of appellant Girdhari, and Smt. Manohari, daughter of appellant Bhinya Ram in the Court of Munsif Magistrate, Nagaur. The Munsif Magistrate, Nagaur after holding an enquiry discharged Smt. Sohni and Smt. Manohari and committed the appellants, for trial to the Court of Sessions. Thereafter charge under Sections 302, 324 and 323 Indian Penal Code and in the alternative under sections 302, 324 and 323 read with section 34 Indian Penal Code were framed and read over to the appellants by the Sessions Judge, Morta. The appellants pleaded not guilty alid claimed to be tried.

(3.) The prosecution, in support of its case, examined 11 witnesses, Purnaram (P.W. 1). Sanwalia Ram (P.W. 3) and Ramakishan (P.W. 9) have been examined as eye - witnesses of the occurrence. Hanwat Singh (P.W. 8) and Ganesh Ram (P.W. 10) have been examined to prove the extra judicial confession said to have been made by the appellants. Kashi Ram (P.W. 2) was the person who went to Police Station, Surpalia and lodged the report (Ex. p. 1). Dr. Ram Ratan Nagora (P.W. 6) was the Medical Officer who conducted the post-mortem examination of the dead body of Rugga Ram and had also examined injuries of Poornaram and Sanawalia Ram and has proved the post mortem report Ex. 16 and injury reports Ex. P-17 and Ex. P.18. Heera Ram (P.W. 7) is the attesting witness with regard to the recovery memos Ex. p. 19, P. 21 and p. 22. Vijaidan (P. W. 5) was the police constable, who had carried the sealed packets from the office of the Superintendent of Police, Nagaur, to the chemical examiner at Jaipur. Awad Dan. (P.W. 4) was posted as S.H.O. at Police Station Sarpalia at the relevant time and Shri Vasudev (P. W. 11) was posted as Deputy Superintendent of Police, Nagaur at that time and had conducted the investigation in the case.