RAMESHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the learned Sessions Judge, Sri Ganganagar dated January 19, 1979 by which appellant Rameshwar Lal was convicted for the effences under Sections 302 IPC and Section 27 of the Arms Act and was sentenced to imprisonment for life on the first count and two years R.I. on the second count. Appellants Pokar Ram and Manoharlal were convicted for the offences under Sections 302/34/149 IPC and sentenced' to imprisonment for life.

(2.) BRIEFLY stated the prosecution case giving rise to this appeal are as under: Rameshwar Lal appellant happens to the husband of. deceased Smt. Imanti and Pokar Ram was her father -in -law. Appellant Manoharlal was the nephew (Bhanja) of appellant Pokar Ram. Relations between Smt. Imanti and her husband Rameshwar had become strained since long. She was frequently residing with her brother Balveer Singh (PW 3) at Sadul Shahar. She was occasionally coming to her 'dhani' near village -Dulpura and was getting the fields cultivated. Her son Sandeep Kumar (PW 1) was staying with Balveer Singh (PW 3) and was studying there. While she was staying at her 'dhani' Sandeep Kumar (PW 1) used to visit her sometimes on Siturday and staying there on Sunday. On February 26, 1978 Mst. Imanti along with Sandeep Kumar left Sadul Shahar in the morning and went to Ganganagar. She purchased medicines for her. Both of them went to Banwali Station by train and got down there. They then went to their 'dhani' near village Dulpura. At about 7.00 P.M. Smt. Imanti came out of the 'dhani' to attend the call of nature. Pokhar Ram and Manohar Lal surrounded her. Manoher Lal raised a cry that she should be caught hold of. Mst. Imanti ran away from there but was chased by the aforsaid two appellants. Manohar Lal and Pokhar Ram inflicted lathi blows on her. Rameshwar Lal appellant, husband of Smt. Imanti also came out of his father's'dhani'Pokhar Ram instigated biro to fire the shot towards Smt. Imanti. When these persons had reached near the field where wheat crop was standing Manohar Lal and Pokhar Ram caused lathi blows to her. Rarneshwar Lal fired a shot towards her. He then fired the second shot which hit her. Mean while Sandeep Kumar (PW 1) had also come out of the 'dhani' and saw her monther being chased and Manoharlal and Pokhar Ram inflicting lathi blows and Rarneshwar Lal fifing the shot. Sandeep Kumar got frightened and ran away from the site. He went to the house of Sohan Lal Khichad and informed him about what had happened. Sohanlal Khichad asked him to tell the facts to his uncle (Tau) Govindji. Sandeep Kumar did so. Both of them asked Sandeep Kumar to call his maternal uncle in the morning but he refused to go anywhere in the night because of fear of being killed. Sandeep Kumar stayed at the house of Sohanlal Khichad in the night and left for Sardar Shahar by morning train. He informed Balveer Singh (PW 3) about the murder of his mother. Balveer Singh went to village -Sito to bring his elder brother Jagmohansingh. Balveer Singh, Jagmohansingh and their mother along with Sandeep Kumar went to the the 'dhani' of Smt. Imanti at village -Dulpura.

(3.) DR . Rajendra Prasad Gupta (PW 5), Medical Jurist, Government Hospital, Ganganagar conducted the autopsy over the dead body of Smt. Imanti on February 28, 1978 and observed as under: