GANGARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals arise out of the judgment of the Additional Sessions Judge No. 1, Jodhpur dt. 30th of August 1962, convicting Gangaram under sec. 302 I. P. C. and sentencing him to undergo imprisonment for life. Cr. Appeal No. 544 of 1962 is a Jail Appeal while Criminal Appeal No. 580 of 1962 is the represented appeal. Both these appeals are disposed of by this judgment.

(2.) GANGARAM has been convicted for having throttled Tej Raj to death on the morning of 10th of January, 1962. Tej Raj deceased was a Mahajan of the town of Pipar and had dealings with GANGARAM who belonged to village Jalka which is very near the town of Pipar. On the morning at about 9. 00 A. M. Tej Raj had gone to village Jalka to make a demand from GANGARAM of the money for which the latter stood indebted to the former. It is alleged by the prosecution that some altercations took place between the two and then GANGARAM caught hold of Tej Raj by the neck and throttled him to death. GANGARAM himself went to the Police Station Bilara which is about 17 miles from village Jalka and submitted a report on the 10th of January, 1962 at 6 P. M. that Tej Raj had come to him on the morning of that date at about 9 and had demanded money from him on which he had requested Tej Raj to grant him some two or four days for making payment. Tej Raj, however, insisted that the payment should be made then and there otherwise something else will happen. Thereupon, he (GANGARAM) went outside his house saying to Tej Raj that he was going to arrange for money at some other place. Tej Raj remained alone in his house. He went to the shop of Poosaram. A little while after some children came there and said that at the house of GANGARAM one man was hanging from the ceiling. Thereupon, he, Narain Jat, Bhiyan Jat, Poosaram, Hasan Khan, Sindhi Narain and Pahu and others went to his house where Taj Raj was found hanging. He had committed suicide by putting Safa round his neck. Thereupon they removed the noose from the neck. His heart was beating at that time but soon after he died. The dead body was lying at his house. This report was recorded by Bhanwarlal Station House Officer, Police Station Bilara and he proceeded to make enquiries under sec. 147 Cr. P. C. On enquiries it was found that it was not a case of suicide but a case of throttling. Amar Chand son of Tej Raj also submitted a report that his father had been throttled to death by GANGARAM on the 11th of January, 1962, at 11. 45 A. M. After investigation GANGARAM appellant was challenged before the Munsiff-Magistrate Bilara under sec. 302 I. P. C. GANGARAM was examined on the 24th of March, 1962 by the Munsiff-Magistrate, Bilara. Ganga Ram stated that 2-1/2 months back Tej Raj had come to his house to demand from him Rs. 250/ -. At that time 2/4 persons were present. GANGARAM asked Tej Raj to give him time for 5/7 days. Thereupon Tej Raj said that the money must be paid then and there otherwise something else would happen which would put Ganga Ram in trouble and he (Tej Raj) would also suffer. The appellant then went away leaving Tej Raj alone at his house. His wife and others had gone out. Only a small girl of 9 years was playing in the chowk outside his house. The appellant asked one Shakoor at the shop of Chela to lend him some money. Shakoor and Chela promised that each of them would pay Rs. 100/- the next day. There he stayed for one hour. Then came her daughter and two other children at the house of Chela and informed him that Boraji (Tej Raj) was hanging in the house. He also heard from Narain that Tej Raj was dying by fastening a noose at his house. He and several other persons went to his house. They found Tej Raj hanging from the Kara (Iron ring) fixed in the ceiling of his Sal (verandah ). His turban was seen fastened to his neck. Tej Rej was raised from the ground and he found that he was breathing slowly. He got him unfastened and he was laid down in the Chowk (compound) of his house. On examination it was found that Tejraj was dead. Tejraj's turban was unfastened from the iron ring by Narain who after folding it had put it below his head. There was found no dust on the turban on account of having it fixed to the iron ring. He denied that he had throttled Tej Raj. He was charged under sec. 302 I. P. C. by the learned Magistrate and committed for trial to the Additional Sessions Judge No. 1, Jodhpur. The learned Additional Sessions Judge held that the death of Tej Raj was caused by the accused by throttling him and convicted him under sec. 302 I. P. C. and sentenced him as aforesaid. Hence these two appeals by GANGARAM to this Court.

(3.) IT is further established on the evidence on record that soon after Pabu Ram (P. W. 4), Poosa (P. W. 7), Narain (P. W. 9) and Chela (P. W. 10) went to the house of Gangaram and found the dead body of Gangaram lying in the Chowk with the turban underneath it. IT is further established that the time when Tej Raj came to the house of Gangaram, Gangaram and his very young children were there and nobody came to that house up to the time the dead body was found out by these witnesses except Gangaram and the young children.