ANDA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 29th June 2000 passed by learned District & Sessions Judge, Jodhpur in Sessions Case No. 44 /1998, by which the appellants have been convicted under Sec. 302 read with Sec. 34, IPC and sentenced to life imprisonment with fine of Rs. 1,000/-, in default of payment of fine to further undergo three months rigorous imprisonment.

(2.) Briefly stated, the facts are that Poona Ram (P.W. 1) submitted a written report Ex. P/1 on 18-2-1998 at 9.30 p.m. in the police station, Khedapa with the averments that on 16-2-1998 in village Mornavada a scuffle took place between Mala Ram and Bagha Ram, in which Bagha Ram sustained more injuries on his person but no report was lodged of the incident on that day in the police station. It is further averred in the report that on the previous night Mala Ram had gone to the residence of Uda Ram and told him that Anda Ram had gone to the Dhani of Dhanna Ram and both of them along with Kumbha Ram will go to the police station, therefore, he should go there to get the matter settled by compromise between them. In the morning of 18-2-1998, he (Poona Ram) along with Uda Ram (since deceased, hereinafter referred to as 'the deceased') proceeded on foot towards the Dhani of Kumbha Ram which was near village Dhannari and at about 9.30 a.m. they reached at the tubewell of Kumbha Ram. Mota Ram, who is the son of Kumbha Ram, met them there and informed them about Kumbha Ram at that time being in the old Dhani (the place to reside). After having a cup of tea there, they started from there. At that time, Uda Ram was following him at a distance of about five steps and when they were near the Dhani of Kumbha Ram at a distance of about 200 steps, he heard the cry of Uda Ram "Mare re". On hearing the cry, he turned back and saw that accused persons Anda Ram and Dhanna Ram were inflicting lathi blows on the person of Uda Ram. He objected to it and asked them not to beat Uda Ram, whereupon accused persons threatened him that in case he tried to come near them, he would also be killed. He then quickly rushed towards the Dhani of Kumbha Ram and narrated the entire incident to him. As he was frightened, he stayed at the Dhani of Kumbha Ram, and Kumbha Ram went at the spot where he found blood oozing out from the mouth of Uda Rani, who had succumbed to the injuries inflicted on him. Uda Ram was found completely naked and his dhoti was lying in a field where Raida crop was standing. Kumbha Ram then told him (P.W. 1 Poona Ram) to bring his family members there, on which he showed his inability to do so due to fear. Thereafter, Mota Ram was asked to go and he brought with him Ghewar Ram, who is the son of the deceased, and also Nana Ram and other relatives of the deceased. A jeep was arranged, in which he along with Kumbha Ram reached at the police station and submitted written report of the incident before Moti Singh, SHO, Police Station Khedapa. On this report Ex. P/1 Case No. 17 under Sec, 302/34, IPC was registered on 18-2-1998, a formal FIR was chalked out and the Investigation commenced.

(3.) During the course of investigation, Ex. P/2 Fard Surat Hall Lash and Ex. P/4 Site Plan with inspection note were prepared by the SHO in presence of Bhabhoot Ram and Chuna Ram. On 18-2-1998, Panchnama of dead body in presence of Bhabhoot Ram, Bhoora Ram, Mohan Ram, Poona Ram and Kumbha Ram was prepared, which is Ex. P/3. The Panchas were of the opinion that Uda Ram had died due to the injuries found on his person. Postmortem on the dead body was conducted on 19-2-1998 at 11-25 a.m. in Mahatma Gandhi Hospital, Jodhpur by P.W. 14 Dr. N. S. Kothari. The postmortem Report is Ex. P/35. The clothes of the deceased, which were presented by Shri Poona Ram and taken by the police, were stained with blood. The clothes were seized and sealed through memo Ex. P/5 in presence of Bhabhoot Ram and Kumbha Ram. The dead body, after post-mortem, was handed over to the brother of the deceased Poona Ram in presence of Kumbha Ram, and Bhabhoot Ram through Ex. P/6. Anda Ram and Dhanna Ram were arrested on 21-2- 1998 and arrest memos Exs. P/9 and P/10 were prepared. Accused Anda Ram at his own gave information in the police custody on 21-2-1998 at 11.30 a.m. to the effect that the lathi, by which Uda Ram was beaten, was kept in the kitchen of his Dhani and he was willing to get the same recovered. This information under S. 27 of the Indian Evidence Act was recorded in Ex. P/14 and in pursuance of the information accused got recovered the lathi, which was seized and sealed through memo Ex. P/7. Accused Dhanna Ram, in police custody, gave information about the lathi on 21 -2-1998, which was recorded in Ex. P/l5, and as per his information in presence of Koja Ram, he got recovered the lathi. The memo prepared in this regard is Ex. P/16. The two stones found on the spot stained with blood on 18-2-1998 were seized and sealed through memo Ex. P/8. Site plans of the places, from where accused Anda Ram and Dhanna Ram got recovered lathis, were prepared as Exs. P/17 and P/18 respectively. The seized articles stained with blood were sent through forwarding letter Ex. P/31 of the S. P. Office, Jodhpur to FSL, Jaipur. The receipt for the deposit of the articles of the case is Ex. P/32 and FSL report is Ex. P/19.