ASHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 10-10-1990 passed by the learned Additional Sessions Judge, Nohar is Sessions Case No. 34/88, whereby he found the accused-appellant guilty for the offence under S. 302, I.P.C. and sentenced him to undergo life imprisonment and to pay a fine of Rs, 1000/-; in default to further undergo rigorous imprisonment for one month.

(2.) Briefly the facts necessary for disposal of this appeal are that Anda Ram Bawari had two sons from his first wife, namely Het Raw and appellant Asha Ram. Het Ram died in the year 1984. Kila No. 6714-15 of Murabba No, 166/421 and Kila Nos. 9 to 14 and 17 to 24 of Murabba No. 167/421 situated in Chak No, 16 DWD were alleged to be in the temporary allotment of Asha Ram. But since the said land was in excess to the land permanently allotted to him, the temporary allotment of the aforementioned land was cancelled in view of the provisions of Post- l955 Rules. Het Ram being the eldest son of Anna Ram filed an application in the year 1978 for the allotment of the said land in his favour and a stay is alleged to have been issued in his favour restraining the Tehsildar from dispossessing him from the said land and from realising the penalty. However during the pendency of that application Het Ram died. He was survived by his widow Smt. Saraswati deceased and his two minor daughters. It is alleged that Smt. Saraswati filed an application dated 15-4-1987 Ex.D-4 in the court of S.D.O., Nohar alleging that she being the successor and legal representative of her husband Het Ram, she was entitled for the allotment of the said land, which was in her cultivatory possession and prayed that in place of Het Ram she should be impleaded and the said land be allotted to her as per Rules. It is the case of the prosecution that about two months prior to the alleged incident, which took place on 6-6-1988, Smt. Saraswati had given 9 bighas of the said land to PW 1 Sahi Ram for cultivation for a year on share basis and that for remaining 9 bighas there was a dispute between her and Anna Ram for the last four years. On the fateful day at about 12 noon, PW 1 Sahi Ram was cutting "Jhadka" (unwanted growth of bushes) in the land, which was given to him for cultivation and Saraswati was cutting unwanted bushes in her field. Sahi Ram's wife PW 4 Smt. Nathi and PW 8 Smt. Rami wife of PW 2 Nand Lal and one Bhagirath were also working in the nearby Khala (water channel). At that time appellant Asha Ram armed with a gandasa Art. 9 came near Saraswati and asked her not to cut the bush growths, and claimed that the said land belonged to him. Thereupon Smt. Saraswati insisted that since that was her land, she will cut the bushes. Thereupon appellant Asha Ram inflicted a gandasa blow causing injuries on her jaw, whereupon she fell down. The appellant dealt many gandasa blows causing extensive injuries to her and thereafter ran away towards 16 Chak. PW 1 Sahi Ram, who witnessed the said incident went near Smt. Saraswati, who had by that time succumbed to her injuries. Thereafter Sahi Ram went running to Chak 16 and informed about the incident to PW 3 Sheo Karan, Gokul, Ganga Ram and Thakru. Thereafter he along with these persons went to Police Station, Rawatsar at 1.15 p.m. and on his oral report F.I.R. Ex.P. 1 was scribed by PW9 Braham Prakash, Head Constable, Incharge Police Station and a case under S. 302, I. P.C. was registered Braham Prakash informed PW10 Devendra Singh, Dy. S.P. through a wireless, whereupon the latter reached the place of occurrence in the evening. Devendra Singh inspected the site. prepared site-plan Ex.P.3 and memo thereof, autopsy of dead body of Smt. Saraswati Ex. P.2 and memo Ex.P.6 of injuries sustained by her. He seized and sealed the blood-stained earth and controlled sample from the place of occurrence vide seizure memo Ex.P.7. He also found one Kassi (spade) of the deceased lying at a distance of about 7 ft, from her dead body and a pair of chappals. He seized those articles vide seizure memos Ex.P.8 and Ex.P.9. He also got the dead body of Smt. Saraswati photographed by PW 6 Ram Kumar, Photographer. Her photographs being Ex.P.12 to Ex.P.14.

(3.) PW 12 Dr. Ram Ji Lal Bansal, who had accompanied the Dy. S. P., conducted the post-mortem examination of the dead body of Smt. Saraswati on the spot and found the following injuries :-