RAM BABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Ram Babu and Radheshyam who have been held guilty for offence under Section 302 read with Section 34 Indian Penal Code and sentenced to undergo life imprisonment as also to pay a fine of Rs. one thousand each and in default of payment of fine, to further undergo simple imprisonment for one year vide order passed by the learned Addl. Sessions Judge, Behror, Distt. Alwar dated 12.7.2001 have filed the present appeal. The obvious prayer in the appeal is to set-aside the order of conviction and sentence dated 12.7.2001.

(2.) The appellants as per the prosecution version murdered Suraj Bhan on 30.3.1999 at 9.30 a.m. The first information report (Ex. P.1) with regard to occurrence was lodged by Shiv Charan (P.W. 1), the real brother of deceased on 30.3.1999 at 1.30 p.m., it was a written report and received by Rajendra Kumar Sharma, S.H.O. Police Station, Shahjahanpur. The special report regarding incident reached Judl. Magistrate, Bahror on 31.3.1999.

(3.) While unfolding the chain of events leading to death of Suraj Bhan, it was stated by Shiv Charan P.W. in the written report lodged by him that he was a resident of Khandoda. On 22.1.1999 his brother Radheshyam son of Ram Swaroop Sharma of Village Khandoda had teased Kumari Roshani daughter of his brother Suraj Bhan aged 8 years with bad intention. The villagers had convened a Panchayat on 25.1.1999. The Panchayyat keeping in view the honour of both the families had admonished Radheshyam and his mother Santara Devi as also the members of their families for this indecent thing done by Radheshyam. They were asked to apologise. Seeking apology, however, annoyed them and on 27.1.1999 Ram Babu and Radheshyam sons of Ram Swaroop Sharma gave beatings to Smt. Manju wife of his brother Suraj Bhan and broke her hand regarding which, they lodged the first information report in Police Station, Babal (Haryana). The family of Ram Babu and Radheshyam were putting constant pressure on as to compromise the case pertaining to Police Station, Babal (Haryana). They were also having ill-will against their family. On 28-1-1999 the appellants threatened his brother Suraj Bhan that either the case lodged against them should be withdrawn or otherwise, they will finish him on the eventful day. On 30.1.1999 when he and his brother Suraj Bhan were harvesting the wheat crop in their fields in Gugalkota that all of a sudden at 9.30 a.m. Ram Babu and Radheshyam sons of Ram Swaroop Sharma armed with iron pipe and Jaily came there. Rambabu was having iron pipe in his hand whereas Radheshyam had a Jaily with iron prongs. The moment they came, they started beating my brother Suraj Bhan. On receipt of injuries, his brother fell down in the fields. While he was lying down, both of them kept on beating him. When I spoke then both of them ran towards him with their respective weapons. When he raised alarm then Anil son of Karan Pal, Mahendra son of Harphool, Mahaveer son of Ghisa Ram and also Ramavatar who were working in the neighbourhood came running there and at that time his brother Satish also came there to give food. When we challenged them then both the brothers ran away. When we looked after our brother Suraj Bhan, we found that he was bleeding from his nose and ears. He had become unconscious. We immediately took him for treatment to Behror Hospital and when he was seen by the Doctor, he declared him dead. Ram Babu and Radheshyam sons of Ram Swaroop Sharma because of enmity referred to above, had killed his brother Suraj Bhan by planning the same.