STATE OF RAJASTHAN Vs. SAHAB RAM

JUDGEMENT

(1.) SENTENCE of death passed on Sahab Ram for having committed triple murder, by the Sessions Judge, Sriganganagar, has given rise to the murder reference No 1/74 Sahab ram was also held liable for attempt to murder three more persons and convicted Under Section 307 IPC. with a sentence of 10 years, rigorous imprisonment By his appeals, one from jail and the o her through his counsel, he has challenged his conviction and sentence This judgment will dispose of all the three matters.

(2.) IN village Khedhasri under police station Rawatsar, District Ganganagar, Het Ram (P.W. 2) had 20 Big has of land under temporary allotment for (sic), Bhiya Ram jat had also 20 Bighas, and Mslloo Ram Harijan had another 15 bighas of land for cultivation on similar terms from the Government. Out of this land Sahab Ram accused was allotted some land in exchange of his original land which was acquired by the Government. Het Ram, Bhiya Ram and Malloo Ram challenged the allotment in favour of Sahab Ram in appeal. It is common ground that the allotment in favour of Sahab Ram was cancelled by the Appellate Authority. Sahab Ram then took the matter in in second appeal to Board of Revenue Ajmer, and he obtained on ad interim order on 29 -8 72 (which is not on record) restraining the previous allottees from dispossessing Sahab Ram. After notice, Het Ram, Bhiya Ram, and Malloo Ram submitted their reply through their counsel and the ad -interim order was modified with the consenit of the counsel for both the patties by the Board of Revenue on 12 -10 -72. A copy of this order is on record marked Ex P/ 56 According to this order the status -quo was ordered to be maintained as it obtained on 29.8.72. It appears that each party claimed to be in posession and hence the said modified order was passed. In the after -noon on 15.10.1972 a Panchayat of the village was convened and it was attended among Jats be Herchand (P.W. 8); Naniram (P.W. 6), Devi Lal (deceased), Nikooram; Devi Ram (injured P.W. 5), Hit Ram (P.W. 2), Minna Rim, Sahab Ram (accused) and his brother, Ashu Ram, Kumba Ram, Nanak, Kalooram, Ram Lal (deceased) Rakhi Ram (Injured P.W. 3) and Birbal (P.W. 4) meghwals by caste also attended the Panchayat. At the Panchayat Ram Lal s/o (sic) o Ram (deceased) and Het Ram (P.W. 2) showed the copy of the stay order and told the Panchayat that Sahab Ram was trying to oust them from the land which had been in their cultivation Some one from the Panchayat asked Sahab Ram to desist from doing so According to some witnesses Sahab Ram was asked by the Panchayat to deliver the land to Het Ram and others On this Sahab Ran stated that he would not accept the stay order and he would not leave possession of the land allotted to him, come what may. He further threw a challenge that he would see those who have brought the stay Saying this he left the Ponchayat along with his brother. The villagers who joined the Panchayat stared dispersing. Malloo Ram and his three sons Ram Lal, Bitbat and Rakhi Ram also left the place to go to their house. While they took the turn towards the north near the 'Bora' of Rati Ram and proceeded towards the house, Sahab Ram came from behind armed with a gun and called out Ram Lal to stop and to have the consequence of bringing the stay order. When Ram Lal turned towards him he fired a shot at him from his 12 bore signle barrel gun. This was witnessed by Het Ram, who was behind them at a distance of a tew panvadas and had taken the turn towards south, to go his to house Hetram hearing the first shot ran away towards the fields but he heard (sic) other gunshots He came back to his house only after it was dark. Malloo Ram apprehending danger also fled away to the jungle Ram Lal who was injured by the first fire fell down Sahab Ram again fired a shot towards Ram Lal after he fell down. Ram Lal asked for water. Rakhi Ram his brother immediately brought some water for him from the house nearby of Rati Ram While he wanted to give him water he was also slot by Sabab Ram vith the result that Rakhi Ram's right hand was injured and he could not provide water to his brother Ram Lal. While Rakhi Ram was trying to escape, another shot was fired, which struck Rakhi Ram at his thigh and according to Rakhi Ram some pellets also struck Ram Lal on his chest and he died Birbal (P.W. 4) another brother of Ram Lal ran towards the 'Dbab' of the village and witnessed four shots fired by Sahab Ram. Then the accused ran towards the Gowad the place where the panchayat took place. At that place after the panchayat had dispersed, Har Chand; Devi Lal, Gopal Nikooram and Devi Ram were sitting and talking. When Sahab Ram was going towards the house of Malloo Ram they had seen the accused passing from their side with a gun in his hand but they did not take any notice of it, as they did not expect that he would kill any one. When they heard He gun shot reports from towards the 'Bara' of (sic) Ram they first got up and proceeded to go towards that place In the meanwhile Sahab Ram was seen coming with 12 bore gun in his hand and a black bag on his shoulders towards them Sahab Ram called out Devi Lal s/o Basti Ram and said that he has already given Ram Lal the result of the stay' and now he should also reap the consequences for holding the Panchayat and immediately fired at him. The shot injured Devi Ram s/o Sukha Ram at his left leg and struck Devi Lal s/o Basti Ram on his leg on account of which the latter fell down Har Chand and Nikoo Ram ran towards the room of Mani Ram situated on the north -west corner of the 'Gowad' and Devi Lal ran towards the 'Bara' of Manphool on the north -east corner of the place Gopal, who was the brother of Devi Lal ran towards the latter entreating Sahab Ram not to fire, but Sahab Ram fired a shot at him as well, on account of which Gopal also fell down He is said to have fired some more shots. After Sahab Ram had left the place, Har Chand, Nikoo Ram and Devi Ram came back to the place of occurrence and found Devi Lal and Gopal sons of Basti Ram dead. Sahab Ram did not feel satisfied with these killings, and went to the house of Het Ram and asked his wife, Mst. Shanti (P.W. 1), as to where Het Ram was. She told him that she did not know (sic) Sahab Ram told her that in case she would not tell, he would kill her. As she was unable to fell Sahab Ram anything about Het Ram he fired a shot at her which injured her right band and the ribs of right side She cried out and fell down Then again he fired a second shot towards her, which struck her right thigh and the left leg Sahabram after having fired two shots left the place. After a while Devi Ram and Nikco Ram came to her house and she apprised them of the incident She was taken to the house of her farther in law from where she was shifted to the hospital,

(3.) AT about noon on the 16th October, 1972 Vichitra Kumar, Station House Officer (P.W.13) and Kan Singh, Circle Officer (P.W.14) joined Harnath Singh in the village Shri Kan Singh took ever the investigation in his hands.