GAJA NAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE abovenamed eight accused appellants have preferred this appeal against the judgment and order dated 14. 12. 2001 passed by the learned Sessions Judge, Churu in Sessions Case No. 47/99 by which he convicted and sentenced the accused appellants in the following manner:- Name of accused Appellants Convicted under section Sentence awarded to each accused appellant 1. Gaja Nand 2. Sukha Ram 3. Sita Ram 4. Sahi Ram 5. Dula Ram @ Duli Chand 6. Lal Singh 7. Hukmi Chand @ Hukma Ram 8. Mahavir Singh 148 IPC 302/149 IPc 6 Months RI Imprisonment for life and to pay fine of Rs. 100/-, in default of payment of fine, to further undergo 3 months imprisonment. Both the substantive sentences were ordered to run concurrently.

(2.) IT arises in the following circumstances: On 8. 8. 1989 at about 8. 30 PM, PW19 Nemaram lodged a written report Ex. P/43 before the Police Station Sardar Sahar District Churu stating inter-alia that his brother Nanuram (hereinafter referred to as the deceased) had come to Sardar Sahar and at about 6. 00 PM in the evening he has returning back to the village and as soon as he passed through the field of one Mota Ram, the accused appellants, namely, Gaja Nand, Sukha Ram, Sita Ram, Sahi Ram, Dula Ram @ Duli Chand, Lal Singh, Hukmi Chand @ Hukma Ram and Mahavir Singh, after intercepting deceased beat him with lathi and barchhi and at that time, accused appellants Sahiram and Mahaveer Singh were armed with barchhi and rest accused appellants were armed with lathi and the accused appellants Sahiram and Mahaveer Singh gave barchhi blows on the head of the deceased and rest accused appellants also beat deceased with lathi. IT was further stated in the report Ex. P/43 that when accused appellants were beating deceased, Tejaram (PW2) and Dharma Ram (PW1) had witnessed the occurrence and when they objected why they were beating deceased, the accused appellants told them that if they come there, they would also be beaten and because of fear, PW1 Dharma Ram and PW2 Tejaram returned back to the village Bholusar where PW19 Nemaram used to live and at that time, PW19 Nemaram was not in the house as he had gone to field and thereafter, PW19 Nemaram was called from the field and whole incident was narrated to him. IT was further stated in the report Ex. P/43 by PW19 Nemaram that when he started to go Police Station to give information, Mool Chand came in bullock cart alongwith dead body and he recognized that it was the dead body of his brother Nanuram (deceased) and at that time, deceased was having injuries on his head and hands and he asked Mool Chand to put the dead body at the same place from where it was taken by him. IT was further stated in the report Ex. P/43 that all the accused appellants had caused the murder of the deceased as all of them had old enmity with deceased and PW19 Nemaram. On this report Ex. P/43, PW2 O Udai Singh, who was at that time SI in the Police Station Sardar Sahar registered the case and chalked out regular FIR Ex. P/44 and thereafter, investigation was started. During investigation, through arrest memos Ex. P/4 to Ex. P/11, the accused appellants Sahi Ram, Sitaram, Dulichand, Mahaveer Singh, Hukma Ram, Lal Singh Gajanand and Sukharam respectively were arrested on 11. 8. 1999 and at the information Ex. P/47 of accused appellant Sahiram, a Barchhi was got recovered through fard Ex. P/14 and similarly, at the information Ex. P/52 of accused appellant, a Barchhi was got recovered through fard Ex. P/16 and at the instance of rest accused persons, lathies were got recovered. The site plan is Ex. D/2 and the FSL report is Ex. P/58. The post mortem of the dead body of the deceased was got conducted by the Medical Board consisting of two doctors, namely, PW14 Dr. Shankarlal and PW15 Dr. Sandeep Kumar Agarwal and the post mortem report is Ex. P/39. After usual investigation, police submitted challan for the offence under Sections 302, 341, 147, 148, 149 IPC against the accused appellants in the Court of Magistrate and from where the case was committed to the Court of Session. On 15. 3. 2000, the learned Sessions Judge, Churu framed charges for the offence under Sections 148 and 302/149 IPC against the accused appellants and the same were real over and explained to them and 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. In defence, three witnesses were produced by the accused appellants. After conclusion of trial, the learned Sessions Judge, Churu through impugned judgment and order dated 14. 12. 2001, after placing reliance on the two eye witnesses, namely, PW1 Dharma Ram and PW2 Tejaram and after application of Section 149 IPC, convicted the accused appellants for the offence under Sections 148 and 302/149 IPC and sentenced each of them in the manner as indicated above. Aggrieved from the said judgment and order dated 14. 12. 2001 passed by the learned Sessions Judge, Churu, the accused appellants have preferred this appeal.

(3.) THE post mortem report of the deceased is Ex. P/39 and for proving the same, the prosecution has produced PW14 Dr. Shankarlal and PW15 Dr. Sandeep Kumar Agarwal.