SHIVA RAM SHIVA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals arise from the order of Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bikaner dated 12-2-2002, as such, they are decided by a common order.

(2.) Thirteen appellants namely A-i Shiva Ram Shiva Lal, A-2 Peera Ram, A-3 Bishna Ram, A-4 Maga Ram, A-5 Chandu Ram, A-6 Ramu Ram, A-7 Lich-man Ram, A-8 Karna Ram Kanhaiya Lal, A-9 Sunder Lal, A-i0 Richpal @ Paliya, A-il Surja Ram, A-12 Girdhari Ram and A-13 Tiku Ram were sent for trial before the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bikaner in connection with murder of one Chuna Ram and for causing injuries to PW-2 Pema Ram and PW-4 Mst. Pani. They were tried for various offences. Appellants A-i Shiva Ram and A-2 Peera Ram have been convicted for offence under Section 302 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-; in default of payment to further undergo two months simple imprisonment , while remaining appellants have been acquitted of offence under Section 302/149 I.P.C. They have been convicted and sentenced as follows: <FRM>JUDGEMENT_118_CRIMES3_2004Html1.htm</FRM> All the sentences have been ordered to run concurrently. Out of total fine of Rs. 12,000/-, a sum of Rs. 3,000/- has been directed to be paid to the legal heirs of deceased Chuna Ram.

(3.) Briefly stated that the facts of the case are that First Information Report Exhibit P-54 was registered at Police Station Jamsar on the basis of parcha bayan Exhibit P-i recorded by PW-9 Jagdish Prasad Vyas in presence of PW-i Rewant Ram on 29-5-1997 at 10:00 P.M. in P.B.M. Hospital at Bikaner. The narration of the incident as given by PW-l Rewant Ram as follows :-