BALAK RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforementioned represented appeal as well as the jail appeal have been preferred against the judgment dated 19-2-1987 passed by the learned Addl. Sessions Judge, Raisingh Nagar in Sessions Case No. 39/ 85, whereby the appellant was found guilty for the offences under Section 302, IPC and Section 27, Indian Arms Act and sentenced to life imprisonment with a fine of Rs. 200 / - and in default to further undergo two months' simple imprisonment under the first count and rigorous imprisonment for one year with a fine of Rs. 200 / -and in default to further undergo simple imprisonment for two months under the second count. It was also directed that both the substantive sentences shall run concurrently.

(2.) Briefly stated the case of the prosecution is that PW 1 Lal Chand, who is a Pong Dam Oustee, was allotted in the year 1977 one murabba of agricultural land situated in Chak 20 A. He had a son and five daughters. Appellant Balak Ram, who is an ex army presonnel, was married to Lal Chand's eldest daughter DW 2 Smt. Kashmir Kaur. About seven years prior to the alleged incident, Lal Chand had given the said land to the appellant for cultivation. The appellant also started living in the said land by constructing a 'dhani' thereon. In the year 1983, Lal Chand along with his family came from Himachal Pradesh and they also started living in one of the rooms in the said 'dni' and started looking after his land. This annoyed the appellant, who started threatening Lal Chand. On 17-8-1984, Lal Chand submitted a written report Ex. D.6 to the S.H.O., P.S., Anupgarh, wherein he alleged that in his absence, appellant Balak Ram had given twenty bighas of his allotted land on 'theka' to one Jarnail Singh and told him to cultivate the remaining five bighas only; that the appellant also took away the contract amount and that when he asked him for the said amount, the appellant has threatened to kill and dispossess him from the said land. He further alleged that the appellant also threatened his another daughter Kumari Sarla and told her that he would kill her father Lal Chand by his gun. He further mentioned in Ex. D.6 that his eldest daughter Smt. Kashmir Kaur was in collusion with her husband and prayed that the appellant's gun be got deposited and that the appellant be dispossessed from the 'dhani' and necessary action be taken against him. Thereupon, after enquiry, the S.H.O. submitted a report under Section 107, Cri.P.C. Ex. D.10 against the appellant in the Court of Executive Magistrate, Anupgarh, wherein the appellant was arrested on 20-9-1984 and ultimately was bailed out on 29-11-1984. It is the case of the prosecution that the appellant used to threaten Lal Chand that after killing his daughters, he would implicate the latter. On 1-12-1984 at about 8-8.30 A.M., PW 1 Lal Chand along with his daughter PW 3 Kumari Sarla Devi aged 15-16 years heard the sound of gun shot fire coming from the house of the appellant. Thereupon, they rushed to appellant's house and saw PW 4 Kumari Raksha weeping in the courtyard, who told them that her father (appellant Balak Ram) had fired a shot from his gun towards her younger sisters Sushma Kumari and Lata. Threupon, Lal Chand and Kumari Sarla went inside the room of the appellant, where they found him standing armed with his licensed twelve bore double barrel gun. Sushma and Lata were lying profusely bleeding. Lata had died on the spot, while Sushma was moaning. Inside appellant's house, DW 2 Smt. Kashmir Kaur and one boy Shibbu alias Tambi were standing. On hearing the sound of gun shot fire, Jarnail Singh and PW 5 Purkha Ram also came there. Shibbu alias Tambi told them that appellant Balak Ram had fired from his gun on his daughters in his presence. Lal Chand, Kumari Raksha and Purkha Ram enquired the appellant, who made an extra judicial confession before them and told. It is alleged that thereafter appellant fled away from his house taking his gun. Lal Chand lodged an oral report on the same day at 10.30 A.M. to the S.H.O., P.S., Anupgarh, who scribed the F.I.R. Ex. P.1. Injured Sushma and the dead body of Lata were immediately brought to Primary Health Centre, Anupgarh, but Sushma also succumbed to her injuries on the way. PW11 Fakruddin, Sub-Inspector also reached the Primary Health Centre, Anupgarh.

(3.) PW 8 Dr. Prem Ratan conducted the post mortem examination of the dead bodies of Lata and Sushma and prepared their post mortem examination reports Ex. P.17 and Ex. P.18 respectively. The Doctor found ten fire-arm circular wounds of the size of 1x 1 1/2 mm. on the right shoulder anteriorly in an area of 6 x 8 cm. and thirteen fire arm wounds on the right upper pectoral region, of the size of 1 x 1 1/2 mm. round scattered in an area measuring 8 x 10 cm. on the body of Lata aged five years which had caused injuries to her right lung, perticardium and heart. The margins of wound were blackened. He recovered three small metallic pellets from her thoracic cavity, which were sealed and later on sent to the ballistic expert. The Doctor opined that the cause of Lata's death was haemorrhagic shock from internal bleeding due to rupture of her heart by fire arm injury.