RAM SUKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants Ram Sukh, Ramdev and Tara Chand were charged and tried before the learned Additional Sessions Judge (Fast Track) No. 1 Ajmer in Sessions Case No. 84/2001. Learned Additional Sessions Judge (Fast Track) No. 1 Ajmer vide judgment dated August 11, 2004 convicted and sentenced them as under:- U/s. 304 Part I with the aid of 34 IPC: Each to suffer Life imprisonment and fine of Rs. 200/- in default to further suffer ten days simple imprisonment. U/s. 323/34 IPC: Each to suffer simple imprisonment for six months and fine of Rs. 100/-, in default to further suffer seven days imprisonment. Sentences were ordered to run concurrently.

(2.) THE prosecution case as unfolded during trial is as under:- On December 23, 1998 at 11. 30 PM the informant Sukhpal (Pw. 20) submitted a written report (Ex. P-27) at police station Mangaliyabas, stating therein that because of chronic litigation with Dr. Subhash the informant and his family members had left their native village Tabiji in 1995. On receiving information that one Mahipal of their village died, the informant, his father Ladu Ram and brother in law Ratan on December 23, 1998 at 2 PM had gone to attend `baithak' to the village and stayed there for fifteen minutes. When they were coming back they were belaboured on the way by Ramsukh, Ramdev, Dr. Subhash, Tara Chand, Norat, Ghishi and Panni, who were armed with swords and axes. Informant sustained injuries and his father died in the incident. Informant some how got himself escaped. Police Station Mangaliyabas registered a case under sections 302, 307, 147, 148, 149, 343 and 323 IPC and investigation commenced. Post mortem on the dead body was performed, the accused were arrested, necessary memos were drawn, statements of witnesses were recorded and on completion of investigation charge sheet only against the appellants. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Ajmer. Charges under Sections 147, 148, 341, 323 and 302 read with 149 IPC were framed. THE appellants denied the charges and claimed trial. THE prosecution in support of its case examined as many as 24 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) RATAN (Pw. 18) in his deposition stated that he along with Ladu his father in law and Sukhpal, his brother in law had gone to village Tabiji to the house of Narain whose son was dead. They stayed in the house of Narain for 15-20 minutes and proceeded back. After they crossed 10-12 houses, Ramsukh inflicted axe blow on the neck of Ladu, Subhash gave axe blow on the head, Tara Chand gave axe blow to Sukhpal but it could only cause abrasion on the hand. Ladu and Sukhpal were 50 steps away from him. When they turned towards the street Ramsukh, Tarachand, Ramdev, Subhash and Norat gave blows to Ladu. He (RATAN) then got himself seated in a truck and proceeded to village Makhupura and then took a bus and went to Nasirabad.