MALA RAM Vs. STATE OF RAJ

JUDGEMENT

(1.) In this appeal, which has been filed by Mala Ram, who is brother of deceased Ram Narain, against the judgment dated 23.10.2013 passed by Addl. Sessions Judge, Sujangarh, District Churu in Sessions Case No. 16/2006(20/2007) titled as State of Rajasthan vs. Bheeka Ram & ors., whereby that court has acquitted all the three accusedrespondents from the charges of Sections 302, 302/34, 436, 436/34, 201 and 201/34, Indian Penal Code. Accused-respondent Smt. Lichhma Devi wife of deceased Ram Narain and accused-respondent Bheeka Ram and Nanu Ram are real brothers of Smt. Lichhma Devi. As per the prosecution story, there was a dispute regarding registry of sale-deed of a Well (a source of irrigation) and in the charge-sheet it was mentioned that the deceased Ram Narain was interested to get the sale-deed of Well registered in the name of his mother, while both of his brothers-in-laws were pressing him to get the registry executed in the name of his wife Smt. Lichhma Devi and it was further mentioned in the charge-sheet that because of this dispute, Smt. Lichhma Devi wife of Ram Narain and her two brothers had burnt the hut of Ram Narain in which he was sleeping and so he expired because of the burn injuries.

(2.) The trial court has not relied upon the prosecution story and on the other hand, the defence story was held plausible in which it was mentioned that during the fits of insanity of Ram Narain, he himself negligently, caught fire from a kerosene lamp lying in his hut and then he succumbed because of the burn injuries.

(3.) In the appeal, complainant Mala Ram, who was examined as PW-9 before the trial court, has alleged that Ram Narain was not suffering from any psychiatric disorder and he could not have burn his hut (Jhopara). The memo of appeal further mentions that benefit of doubt should not have been extended to the accused-respondents and it has further been argued that Khima Ram, Shrawan and Kamal Dara etc. were the eye-witnesses of the incident and so the accusedrespondents should be punished for the charges of murder of Ram Narain.