HADMANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellants against the judgment and order dated 19. 2. 2000 passed by the learned Addl. Sessions Judge No. 1, Jodhpur in Sessions Case No. 7/99 by which he convicted the accused appellants for the offence under Section 302/34 IPC and sentenced both of them to undergo imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo RI for two months.

(2.) THE facts giving rise to this appeal, in short, are as follows:- PW8 Himmat Singh gave a written report Ex. P/15 on 26. 10. 1998 at about 11. 45 AM in the Government Hospital, Bilara to PW21 Chandan Singh, who was at that time SHO, Police Station Bilara stating inter-alia that on 26. 10. 1998 in the morning at about 7. 30-7. 45 AM, his father Jogdan, hereinafter referred to as "the deceased") left the well for catching the bus for going to School and after going to some distance from the well, deceased asked his son PW8 Himmat Singh to follow him upto the road and upon this, PW8 Himmat Singh followed his father-deceased. It was further stated in the report Ex. P/15 that deceased asked PW8 Himmat Singh to follow him because some persons of Raikon-ki- dhani had enmity with the deceased. It was further stated in the report Ex. P/15 that PW8 Himmat Singh was following his father- deceased at a distance of about 100 foot and as soon as deceased reached near the electric poles, both the accused appellants Hadmana Ram and Shaitan Ram having lathies in their hands came out from the bushes and they started beating deceased. It was further stated in the report Ex. P/15 that the accused appellant Hadmana Ram gave lathi blow on the head of the deceased from back side, as a result of which, deceased fell down on the earth and thereafter, both the accused appellants gave several lathi blows on the person of the deceased and when PW8 Himmat Singh tried to reach near the deceased, the accused appellant Hadmana Ram asked him that in case he tried to come there, he would also be killed and upon this, because of fear, PW8 Himmat Singh went back to his well and from where, he took his brothers PW18 Ummed Singh and PW17 Bheem Singh and by the time when they reached on the spot, the accused appellants had already run away from the place of occurrence and they found their father-deceased in an injured condition and thereafter, PW8 Himmat Singh asked his brother PW17 Bheem Singh to call Mahadev, PW12) for bringing his tractor so that deceased could be taken to the Government Hospital, Bilara. It was further stated in the report Ex. P/15 that deceased received so many injuries and before reaching Government Hospital, Bilara, deceased succumbed to his injuries on the way to hospital. THE further case of the prosecution is that the report Ex. P/15 was sent by PW21 Chandan Singh with PW10 Nanda Ram for registering the case in the Police Station Bilara and thereafter, regular FIR Ex. P/18 was chalked out in the Police Station Bilara by PW10 Nanda Ram and investigation was started by PW21 Chandan Singh. During investigation, site plan Ex. P/5 and site description memo Ex. P/4 were got prepared by PW21 Chandan Singh. THE post mortem of the dead body of the deceased was got conducted by PW9 Dr. Bheemdan and the post mortem report is Ex. P/17, which shows that deceased received as many as 25 injuries on his body and it was opined that deceased died due to shock due to multiple injuries. THE accused appellants Hadmana Ram and Shaitan Ram were got arrested by PW21 Chandan Singh through arrest memos Ex. P/2 and Ex. P/14 respectively. After usual investigation, police submitted challan against the accused appellants in the court of Magistrate and from where the case was committed to the Court of Session. On 17. 2. 1999, the learned Addl. Sessions Judge No. 1, Jodhpur framed charges against the accused appellants for the offence under Section 302/34 IPC. THE charges were read over and explained to the accused appellants. THEy denied the charges and claimed trial. During the course of trial, the prosecution got examined as many as 21 witnesses and exhibited several documents. THEreafter, statements of the accused appellants under Section 313 Cr. P. C. were recorded. No evidence was led in defence by the accused appellants. After conclusion of trial, the learned Addl. Sessions Judge No. 1, Jodhpur through impugned judgment and order dated 19. 2. 2000, after placing reliance on the sole testimony of PW8 Himmat Singh, who is son of the deceased, convicted the accused appellants for the offence under Section 302/34 IPC and sentenced both of them in the manner as stated above. Aggrieved from the said judgment and order dated 19. 2. 2000 passed by the learned Addl. Sessions Judge No. 1, Jodhpur, the accused appellants have preferred this appeal.

(3.) PW9 Bheemdan in his statement recorded in Court has stated that on 26. 10. 1998 he was Senior Medical Officer in the Government Hospital, Bilara and on that day at about 2. 15 PM, he conducted the post mortem of the dead body of the deceased and found the following injuries of his body:- 1. Fracture with fracture deformity left forearm just above wrist joint, forearm curved & dropped due to fracture deformity. 2. Fracture with fracture deformity present left arm, left humerous fractured just with arm deformed. 3. Lacerated wound 2cm x 1cm x 1/2cm behind left elbow. 4. Lacerated wound 1cm x 1cm x 1cm posterior side of left arm above left elbow. 5. Lacerated wound 3cm x 1cm x 1/2cm left thigh front side. 6. Fracture deformity and thigh flexed and deformed lower 1/3rd of left thigh. 7. Lacerated wound 3cm x 1/2cm x 1/2cm left leg front side below knee. 8. Lacerated wound 1. 5cm x 1cm x 1/2cm just below left knee. 9. Abrasion 3cm x 1/2cm Rt. leg lower 1/3rd front side. 10. Abrasion 1cm x 1cm Rt. knee. 11. Bruise 5cm x 3cm Rt. thigh lower 1/3rd front side. 12. Bruise 10cm x 5cm Rt. thigh lower 1/3rd front side. 13. Lacerated wound 2cm x 1/2cm x 1/2cm dorsal side of right wrist joint. 14. Lacerated wound 2cm x 1/2cm x 1/2cm middle of left forearm. 15. Abrasion 1cm x 1/2cm just above right wrist joint. 16. Fracture deformity Rt. forearm lower 1/3rd with fracture Rt. radius and ulna. 17. Fracture deformity Rt. arm middle half with fracture Rt. humerous. 18. Multiple bruises about 7-8 in number overlapping each other with blackish colour on Rt. arm and Rt. shoulder. 19. Haemotama with swelling 8cm x 8cm Rt. shoulder anterior part. 20. Bruise 30cm x 2cm obliquely over back of chest with blackish colour. 21. Bruise 6cm x 3cm left intra scapular region. 22. Bruise 6cm x 3cm just below left scapular region. 23. Bruise 12cm x 3cm left supra scapular region. 24. Bruise multiple on Rt. scapular region, black in colour with overlapping each other. 25. Lacerated wound 3cm x 1cm x 1/2cm on occipital region scalp. He has further stated that liver of the deceased was ruptured and the injuries received by the deceased were sufficient in the ordinary course of nature to cause death. He has further stated that the cause of death of the deceased was shock due to multiple injuries. He has proved the post mortem report Ex. P/17.