RAMESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS Ramesh Chandra and Radhey Shyam brothers faced trial for intentionally causing death of Mohan Lal alongwith Satya Narain the third appellant herein. The trial culminated into order of conviction and sentence dated 28. 10. 1999 passed by the Additional Sessions Judge, Chhabra, Distt. Baran. The appellants named above, have been found guilty for offence under Section 302 IPC and sentenced to undergo rigorous imprisonment for life as also to pay fine of Rs. 1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months.

(2.) THE occurrence leading to death of Mohan Lal as per prosecution case had taken place at 10-11 a. m. on 05. 04. 1993. THE first information report with regard to incident came to be lodged on the basis of a written report made by Badri Lal Dhakar, P. W. 1 on the same day at 02. 00 p. m. THE FIR was entered into and registered by the SHO. Police Station, Atru. Badri Lal in the written report made by him on the basis of which a formal FIR was recorded stated that on the eventful day at about 10-11 a. m. in the morning his brother Mohan Lal was going to the fields from his house. He was also going behind him towards the fields on the way, there falls a field of Ramesh son of Prahlad Brahman. In the fields, Ramesh, his younger brother Radhey Shyam, his mother Mohini Bai and his relations Satya Narain, Ramesh Brahman Bamori Wala and Baboo Mali of their village were sitting in a thatched hut. When these persons saw his brother Mohanlal, Satya Narain called him in his fields upon which his brother Mohan Lal went to the fields and started talking with Satya Narain. He was also standing in the passage that all of a sudden Ramesh son of Prahlad came out from the thatched hut with a `gandasi'. He gave a gandasi blow on the head of his brother Mohan Lal. Radhey Shyam gave a `dharia' blow on the fore head of his brother Mohan Lal upon which his brother fell down. Ramesh Bamori Wala hit his brother with a stone. Satya Narain gave knife blow on the right hand and arm as also left hand of his brother. When he raised an alarm, his brother Bal Ram and Choth Mal Dhakad came running at that place. THEy also saw his brother being given injuries with Gandasi, Dharia, Knife and Datali by the accused and their mother Mohini Bai. When they reached at the spot, the accused ran away. THEy saw that Mohan Lal had received injuries on his body but he was still alive. He and my brother Bal Ram and also Choth Mal brought their brother Mohan Lal in a bullock cart and when they were taking him to Atru, Mohan Lal succumbed to the injuries sustained by him near Antana.

(3.) BADRI lal while appearing as P. W. 1 stated that on 05. 04. 1993 at 10-11 a. m. he was going from village to the fields, his brother Mohan Lal was also going from the village towards the fields that on the way, there are fields of one Ramesh Chandra. At that place Satya Narain called his brother Mohan Lal so as to have talks with him, upon which Mohan Lal went in the fields. Thereafter, Ramesh Brahman came from the fields and gave a `gandasi' blow on the head of his brother, thereafter, his younger brother Radhey Shyam came and gave a `dharia' blow on the fore head of his brother upon which Mohan Lal fell down. Satya Narain then gave a knife blow on his head. He also gave blows on his left hand. Mohini Bai gave a `datali' blow to his brother on his eyes whereas Baboo Mali gave a blow with `takua' which hit on the finger of his left hand. Ramesh Bamoriwala was also present there who struck his brother with a stone on his chest. Balram, Chouth Mal, Ramesh Meena and Madan Meena were also present there. When together they reached there, Ramesh Radhey Shyam, Satya Narain and others went towards Antana on a Motor-cycle. Mohini Bai, Baboo Mali and Ramesh Bamoriwala went towards the village side. In the cross-examination, he stated that on the day of occurrence at about 10. 00 a. m. Banshi Lal and Ramesh Bamoriwala had come to his house. He again stated that when they came, time was about 08. 30 a. m. He further stated that at that time he was in the fields and when these people had come to him in the fields from where he alongwith others went to his house. He admitted that there was no enmity between them and the accused persons. He also stated that he had seen the fight from a distance of 200 paces and that there were about 25 houses of his caste near the place of occurrence and that he had called them but they did not come. He could not count as to which accused had caused how many injuries. He admitted that number of cases were pending against his brother but the said cases had come to an end before the occurrence. He also admitted that in recoveries of all the weapons, he and his brother Bal Ram were the witnesses. P. W. 2 Ramesh Chandra even though, declared hostile stated in the cross- examination adverted to him by the Public Prosecutor that Ramesh, Radhey Shyam and Satya Narain were beating Mohan Lal but with which weapon they were doing so, he would not know. Ram Kishan examined as P. W. 3 stated that when he was going on his tractor to take stones, at about 10-11 a. m. Mohan Dhakad met him and told him that he should drop him in the village. He alongwith another boy sat in the tractor. They got down from the tractor towards the village and he went to take the stones and came to know on the next day that Mohan had been killed. This witness did not support the prosecution version but was not declared hostile. Dhanna Lal examined as P. W. 4 only stated that on 05. 04. 1993 dead body of Mohan Lal was carried in a Bulock Cart and taken to Police Station, Atru and from there it was taken to Hospital. He admitted in the cross-examination that he was brother of Mohan Lal and that number of cases were pending against his brother. Ram Kishan P. W. 5 and Banshi Lal P. W. 6 are formal witnesses, there is no need to refer to their statements. Madan Lal P. W. 7 supported the prosecution case and stated that he alongwith Mohan Dhakad were going together after getting down from the tractor, Satya Narain had called Mohan Dhakad in the fields and on his reaching there, Ramesh gave him a gandasi blow whereas Radhey Shyam and Ramesh also gave him injuries. No other persons gave any injuries. The mother of Bramhans were trying to rescue Mohan Dhakad. She was mother of Radhey Shyam and Ramesh. Nobody was present at that time. Bal Ram and BADRI Lal had come there afterwards from the village. In the cross-examination, he stated that he had boarded the tractor alongwith Mohan Dhakad, there were two or more persons sitting on the tractor as well. Immediately on fight, the persons having tractor ran away. He also stated that there was a case against Mohan in which he was convicted. He would not know as to how many injuries Mohan had received as he had not seen the same. He had found him lying down and had run away, the moment he saw him. Bal Ram examined as P. W. 8 while supporting the prosecution case stated that the fight had taken-place in the fields of Ramesh. Radhey Shyam, Satya Narain and other together were beating Mohan Lal. Mohini bai also gave him datali blows alongwith other accused. Ramesh was armed with Gandasi whereas Radhey Shyam was armed with Dharia which is known as "kutia' also. Satya Narain was armed with Knife. Chauth Mal examined as P. W. 9 only stated that at 11. 00 a. m. when they were going to village and Bal Ram was also with him, on the way BADRI Lal called him and said that Mohan Lal has been killed. They came to the fields of Ramesh where fight was taking-place. He only saw Ramesh, Radhey Shyam and Satya Narain going on the motor-cycle whereas Mohini Bai was going towards the village. He had also seen the dead body of Mohan Lal lying there in the fields. Rameshwar Prasad examined as P. W. 15 deposed with regard to steps taken by him while investigating the case.