KISHNA RAM AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the judgment dated 21.12.1998 passed by the learned Additional Sessions Judge, Ratangarh. While the appellants- Kishna Ram and Birbal Ram have preferred D.B. Criminal Appeal No. 29/1999 aggrieved by the said judgment convicting them for the offence under section 302/34 and 302 Indian Penal Code respectively and sentenced to imprisonment for life and to pay a fine of Rs. 200.00 and in default, to further undergo simple imprisonment for one month, the other Appeal being.D.B. Criminal Appeal No. 305/1999 has been filed by the State against acquittal of the accused-respondents-Sohan Ram and Chokha Ram of offence under section 302/34 Indian Penal Code. Both the appeals are being decided by the common judgment.

(2.) The prosecution case as disclosed during trial is that in village Lakhansar, three brothers viz., PW-1 Shravan Ram, PW-3 Mukna Ram and Manphool Ram (deceased) lived. Shravan Ram and Mukna Ram were living separately from Manphool Ram and their father. Appellants were inimical to the deceased-Manphool Ram, as he alleged to have teased their sister married in village Jalabsar. On 28.8.1997 at about 3.00 a.m., PW-1 Shravan Ram lodged an oral FIR at Police Station, Sri Doongargarh stating inter alia that on 27.8.1997, his brother Manphool had gone to the field. At about 8.00 or 9.00 p.m., he had gone to answer the call of nature. When he was at the outskirts of the village, he was attracted by the cries of his brother. He rushed to the place of occurrence and found accused-Birbal Ram, Sohan Ram, Chokha Ram and Kishna Ram S/o Sohan Ram beating Manphool Ram. Appellant-Birbal Ram was armed with 'kulhari' and rest of the accused persons with 'lathis'. At that time, PW-2 Dungar Ram also arrived from his field. Seeing them, accused persons took their heels, leaving their brother in a wounded condition. At that time, his brother Mukna Ram also arrived. On enquiry, it was disclosed by his injured brother that he was assaulted by Birbal Ram, Sohan Ram, Chokha Ram and Kishna Ram armed with 'kulhari' and 'lathis'. Manphool Ram was removed to the hospital in a tractor, where the doctor declared him dead. On this information, police registered a case for the offence under sections 341, 302/34 Indian Penal Code and proceeded with investigation. The police inspected the site and prepared the site memo. The dead body was sent for post-mortem The autopsy was conducted by PW-6 Dr. Ghanshyam Tanwar, who noticed the following injuries vide Ex.P/8 :

(3.) As' per the doctor, all the injuries were ante-mortem in nature and the cause of death was intracerebral and subdural haemorrhage caused by head injury.