MUNSHI RAM & OTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since these two appeals one by accused Puran Ram and the other by accused Munshi Ram and Dhanna Ram arise out of one and the same judgment of the learned Sessions Judge, Sri Ganganagar dated April 13, 1979, they are heard together and are being disposed of by a common judgment. The appellants were Convicted and sentenced as under : <FRM>JUDGEMENT_44_LAWS(RAJ)4_19841.html</FRM> Substantive sentences were directed to run concurrently.

(2.) Succinctly stated and prosecution case is that appellants Munshi Ram and Dhanna Ram are the sons of appellant Puran Ram. They reside in village Odki district Ganganagar. The deceased-victim Trilok Singh was the son of PW 11 Nand Singh. Nand Singh has one more son by name Anokba Singh. PW 12 Nirmal alias Nimba aged about 12-13 years at the time of incident is the son of Anokha Singb. They reside in Chak No. 9 Rs.and Chak No. D-3 in district Ganga Nagar. The appellant Puran Ram made an agreement on Aug. 24, 1976 to sell his agricultural land Murabba No. 47 measuring 241/2 Bighas situate in Chak No. 9-D to Anokha Singh for a sum of Rs. 60,000.00 A sum of Rs. 40,000.00 was to be paid to him later on at the time of registration of the Sale-deed. The possession of the land was also delivered to Anokha Singh on that very day along with the execution of agreement Ex. P. 37. Puran Ram executed this agreement in writing which is Ex. P. 37. Since that day Anokha Singh was cultivating the aforesaid agricultural field. A few days before the occurrence (December 13, 1977) Anokha Singh was arrested in some criminal case. As such he requested his father Nand Singh and brother Trilok Singh to look-after his aforesaid land and to carry on cultivation in it so that the land may not remain uncultivated. At about 9.00 A. M. on Dec. 13, 1977 the three appellants went to the aforesaid land. PW 11 Nand singh PW 12 Nimma alias Nirmal and the deceased victim Triloksingh were working there in that field. Accused Puran Ram had a lathi while accused Munshi Ram and Dhanna Ram had Gandasis with them. They asked Nand Singh and Trilok singh to leave the field and go away from there. Nand Singh and Triloksingh replied that since the field was in the possession of Anokhasingh, they were unable to leave it. This annoyed and umbraged the appellant. They made an assault on Triloksingh and landed blows to him with the lathi and Gandasi they had in their hands. It resulted in a merciless and severe beating of Triloksingh. He sustained numerous injuries on his body. When Nandsingh (PW 11) tried to intervene, he too was not spared and was landed blows by the three appellants. There was profuse bleeding from the wounds of Triloksingh. The appellants even then did not relent and took Nand Singh and Triloksingh along with Nimma to their village Odki and put them outside the garrage of one Banarsidas. Triloksingh passed away after some time on that very day. PW 13 Badru Ram, the A. S. I. Police, Police Station, Hindumal Kot reached village Odki at about 4.00 P. M. on Dec. 13, 1977 in connection with the investigation in Criminal Case No. 157, 1977. There he found Triloksingh dead and PW 11 Nandsingh sitting by his side out side the garrage of Banarsidas. He recorded Nandsingh's statement Ex. P. 23 at about 4.45 P. M. Nandsingh gave the full account of the incident in his statement. A case was registered on the basis of Ex. P. 23 taking it to be the F. I. R. The A. S. I. Badruiam prepared the inquest report of the victim's dead body. He also prepared the site plan after inspecting the site. The post mortem examination of the dead body of Trilok singh was conducted at about 10.00 A. M. on Dec. 14, 1977 by PW 6 Dr. K. N. Markenday.the then Medical Officer In charge, Primary Health Centre, Shivpuri. He noticed the following injuries on his dead body : External injuries

(3.) On the same day he examined the injuries of PW 11 Nand Singh and found the following injuries: