PHUSA RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants-Phusa Ram, Govind Ram, Magga Ram, Asha Ram and Anna Ram against the judgment dated 30.9.2002 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases Cum Additional Sessions Judge, Bikaner convicting them for offence under section 302/149 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/-. The fine collected from the non-SC/ST appellants-Pusha Ram, Asha Ram and Anna Ram which comes to Rs. 6,000/- has been directed to be paid to the wife of the deceased PW 5 Mst. Shanti. The appellants have also been convicted for offence under section 148 and sentenced to 2 years rigorous imprisonment. For offence under Section 341 I.P.C. each of them have been sentenced to one month simple imprisonment.

(2.) The brief facts of the case are that on 24.7.1998 at about 1.00 a.m., PW 5 Mst. Shanti wife of deceased-Jetha Ram submitted a written report Ex.P/9 at police station, Nokha stating inter alia that on 23.7.1998 her husband had gone to the Flour Mill of Govind Ram. At about 10.00 p.m. she heard dressing cries of her husband from the field of father-in-law Hari Ram. She along with her son PW 4 Bhanwar Lal rushed to the spot and found that her husband Jetha Ram was being assautled by Narayan Ram, Asha Ram, Govind Ram, Magga Ram, Phusa Ram, Anna Ram and Bhanwar Lal by lathies. Hearing the cries PW 1 Samundra Singh, PW 2 Anop Singh and PW 3 Karni Singh also arrived on the spot. On their intervention, appellants spared him and ran away. Her husband Jetha Ram was taken to the Hospital at Nokha in a Jeep where he was declared dead. On this report, police registered a case for offence under sections 147, 148, 149, 302, 341, 32 and Section 3 of the SC/ST (Prevention of Atrocities) Act. The dead body was sent for post-mortem. After usual investigation, the police laid charge-sheet against the appellants. A incomplete charge-sheet was filed against accused-Narayan Ram and Bhanwar Lal. We are told that they are also facing trial separately.

(3.) The appellants pleaded not guilty and claimed trial. The prosecution in support of the case examined as many as 12 witnesses and produced nubmer of documents. The appellants in their statement under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against them. The appellants also examined three witnesses namely DW-1 Jassi Ram, DW-2 Anop Singh and DW-3 Govind Ram. The trial Court having found the prosecution case proved convicted and sentenced the appellants in the manner stated above.