SHIV DAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused Shiv Dan Ram son of Magna Ram Jat against a judgment by the learned Additional Sessions Judge, Nagaur dated 23-2-1987 whereby the appellant has been found guilty for the offences punishable under Sections 306 and 420 of the IPC.

(2.) Sometime during the night intervening 16/17-4-1982, Harka Ram son of Tulchha Ram Jat resident of Village 'Senani' District Nagaur committed suicide by hanging in his house situate in the said village. He was searched on 17-4-1982 for sometime and ultimately his body was found hanging from a discarded house. His brother P.W. 13 Mangla went to the police station, Bhawanda and lodged a written report Ex, P/ 12. According to the report, the deceased who was eldest brother had gone from the village to Nagaur in a tractor to sell the agricultural produce "Tara Meera". He returned on 16-4-1982 and disclosed that the appellant Shiv Dan Ram was with him and at the Municipal Check post, Shiv Dan Ram disclosed that the produce belonged to him and consequently, the same was entered in his name. Further it was stated that after the produce was sold at Nagaur, the deceased received Rs.3500/- as its price and went to village "Ramsiya" at the house of Baldev Ram Jat. During night, the appellant came in a jeep along with the commission agent through which the produce had been sold and asserted that since the slip issued at the Municipal Check-post was in his name, how could the deceased receive Rs. 3500/- as its price and consequently, the money was taken from the deceased by the appellant. The deceased consulted many people in the village and in the evening, went to sleep and never returned alive. A case under S. 174 of the Cr.P.C. was registered and since his brothers P.W. 12 Bhikha Ram and P.W. 13 Mangla Ram expressed that there was no foul play , the case was closed and final report Ex. P/16 was filed.

(3.) According to the prosecution story, some six months after the death of Harka Ram, another report Ex.P/1 through post was received at the police station. This report was sent by P.W. 1 Chandera Ram, a brother of the deceased, who was an Army Personnel and according to it, the crop belonged to the deceased and was sold for Rs. 3180/- and the payment was made to the deceased . Subsequently, the appellant Shiv Dan Ram along with co-accused Dhanna Ram and the concerned Commission Agent intercepted the deceased and the said money was forcibly taken from the deceased by the three persons in the village Ramsiya. According to the report, the deceased felt extremely ashamed and humiliated and consequently hanged himself. A copy of the report was endorsed to the Local MLA a Minister of the State Government, to the Superintendent of the Police, Nagaur and to Sub-Inspector, Police Station, Nagaur. On this report, a case under Sections 392, 420 and 306 of the IPC was registered at the police station, Bhawanda and ultimately the appellant and the said Dhanna Ram both were challaned. Both of them pleaded not guilty to the charges. The prosecution examined 24 witnesses. D. W. 1 Bhagirath (son of the appel- lant) and DW 2 Ramdeo (brother of the ap- pellant) were examined in defence. They deposed to the effect that the appellant was arrested from the house and the S.H.O. demanded Rs. 3124/- and threatened that if the money was not paid, the appellant shall be subjected to IIIrd Degree Methods. Consequently, Bhagirath borrowed Rs. 1000/ and Ramdeo arranged Rs. 2124/- and this money was duly recovered as subject matter of the case. Thereafter , the learned trial Court heard the arguments and delivered the judgment on 23-2-1987 . The learned trial Court acquitted the co-accused Dhanna Ram of all the three charges. The Court further found that no offence punishable un der Section 392 of the IPC was made out and consequently the appellant was acquit ted of the said charge. However, the appellant was found guilty of the offences pun ishable under Sections 306 and 420 of the IPC. On each count, Rigorous Imprisonment for four years and a fine of Rs. 500/ has been awarded. On account of non-payment of fine, additional R.I. for two months on each count has been ordered.