LALLU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE act of obstructing diggers of soil followed by a wrangle resulted in the death of Shiv Sahai. THE appellants 24 in number (herein after referred as accused') were arrayed before the learned Additional Sessions Judge (Fast Track) Jaipur District Jaipur for having committed murder of Shiv Sahai. THE learned Judge vide judgment dated September 05, 2001 convicted and sentenced the accused as under:- Accused Lallu Ram: U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 2000/-, in default to further suffer. One Month Simple Imprisonment. U/s. 324/149 IPC: To suffer Simple Imprisonment for One Year and fine of Rs. 200/-, in default to further suffer Seven Days Simple Imprisonment. U/s. 325/149 IPC: To suffer Simple Imprisonment for Two Years and fine of Rs. 400/ -. in default to further suffer Fifteen Days Simple Impriso- nment. U/s. 323/149 IPC: To suffer Simple Imprisonment for Six Months and fine of Rs. 100/-, in default to further suffer Three Days Simple Impris- onment. Accused Bhonrilal, Bodu Ram, Kalu S/o Manna Ram, Chhotu S/o Ramdhan, Mangal Chand, Gopal, Chhotu S/o Bhonrilal, Kaluram s/o Luna Ram and Kishore: U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 2000/- in default to further suffer One Months Simple Imprisonment. U/s. 324/149 IPC: To suffer Simple Imprisonment for One Year and fine of Rs. 200/ -. in default to further suffer Seven Days Simple Imprisonment. U/s. 325/149 IPC: To suffer Simple Imprisonment for Two Years and fine of Rs. 400/-, in default to further suffer Fifteen Days Simple Imprisonment. U/s. 323/149 IPC: To suffer Simple Imprisonment for Six Months and fine of Rs. 100/-, in default to further suffer Three Days Simple Impris- onment. All the substantive sentences were directed to run concurrently.

(2.) IN brief the prosecution case is that the informant Kajod when restrained Bodu Ram from making obstruction in the public way, Chhotu Ram S/o Ramdhan, Mangla, Gopal, Hukam Chand. Lallu Ram, Chhotu Ram S/o Bhonri Lal, Nehnu, Bhonri Lal, Kalu and Kishore Kumar inflicted blows with axe, sword and Barchchi on the person of Kajod. The other persons who had also sustained injuries were Shiv Sahai, Kalu, Phool Singh, Gyarsi, Kanha, Nangi, Chothi. Jamna and Mewa. Shiv Sahai succumbed to the injuries. On the basis of written report (Ex. P-1) a lodged with the police station Andhi District Jaipur on October 22, 1998 at 7. 30 PM. a case under Sections 147, 148, 149, 307, 302 and 323 IPC came to be registered and investigation commenced. Autopsy on the dead body of Shiv Sahai was performed. The injured persons were medically examined, statements of witnesses under Section 161 Cr. P. C. were recorded, site plan was drawn, weapons of offence allegedly used in the commission of crime got recovered and on completion of investigation charge sheet was filed. IN due course, the case came up for trial before the learned Additional Sessions Judge (Fast Track) Jaipur District Jaipur. Charges under Sections 147, 302, 324/149, 325/149 and 323/149 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 19 witnesses and got exhibited 44 documents. IN the explanation under Sec. 313 Cr. P. C. the accused claimed innocence. No witness in defence was however examined. The learned trial Judge on hearing final submissions convicted and sentenced the accused as indicated herein above.

(3.) MR. A. K. Gupta, learned counsel appearing for the accused criticised the prosecution case form various angles and contended that deceased Shiv Sahai along with the complainant party obstructed and attacked the accused while they were digging the wet clay of the pond. Since the accused had apprehension that grievous injuries might be caused, they exercised the right of private defence and in that process if some blows with Babool stick by accused Lallu Ram might have dealt which resulted in death of deceased Shiv Sahai, no crime is said to have committed by him. Reliance is placed on the case of Jai Singh and Another vs. State of Rajasthan (1 ).