REWANT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPALLED by the impugned judgment dated 12th August 2004 of the learned Addl. Sessions Judge (Fast Track), Nagaur, the accused -appellants have laid this appeal under Section 374(2) of the Code of Criminal Procedure 1973. By the impugned judgment, learned Addl. Sessions Judge has convicted the appellants for offence under Sections 148 and 302/149 of the Indian Penal Code and handed down the sentence of imprisonment for life for offence under Section 302/149 IPC with fine of Rs.1,000/ - and in default of payment of fine to undergo two months' rigorous imprisonment. For offence under Section 148 IPC, the accused -appellants are sentenced to two years' rigorous imprisonment. Both the sentences are ordered to run concurrently.

(2.) SUCCINCTLY stated, the prosecution case as unfurled from First information report (Ex.13) is that on 23rd August 2003 PW5 Jhoomar Ram submitted a written report with Police Station, Panchodi, inter -alia, alleging that at about 7 -7:30 AM, when he alongwith his brother Teja Ram was going from home to Sidh Maharaj Temple for paying homage, on the public way, accused party including the appellants arrived with common object well armed with lathis and Farshis (axe) in their hands. After reaching near Teja Ram, they obstructed his way and gave lathi and farshi blows, whereupon Teja Ram fell down. It is averred in the report by the complainant that he intervened but of no consequence and therefore he returned to his Dhani, and thereafter when he came back at the place of occurrence alongwith Sona Ram, Luna Ram and Deva Ram, he found dead body of Teja Ram lying away from the place of occurrence and none of the accused was present there. Attributing the cause of acrimony between deceased and the accused party with respect to right of worship, it is also alleged in the FIR that certain cases are pending before the Court at Nagaur. As per the report, dead body of deceased Teja Ram was lying on the spot. On receipt of the report at 10 AM on 23 rd of August 2003, a case was registered under Sections 143, 148, 341, 302, 149 IPC with CR No.72 of 2003. After completion of investigation, a chargesheet was filed by the prosecuting agency against accused Hema Ram, Kana Ram, Dhanna Ram and Dharma Ram under Sections 147, 148, 341 and 302/149, whereas against accused Rewant Ram chargesheet was filed under Section 299 Cr.P.C. by declaring him absconder. Subsequently, Rewant Ram was also arrested and a supplementary chargesheet was filed against him for the offence under aforementioned sections.

(3.) THE case was committed to the Sessions Court and later on transferred to the Addl. Sessions Judge (Fast Track), Nagaur (for short, 'learned trial Court'). The learned trial Court framed charges under Sections 148, 302 IPC, or in the alternative under Sections 302/149 and 341 IPC against all the appellants and accused Hema Ram. During trial, prosecution examined 20 witnesses to prove charge against the accused persons. The accused persons also examined two witnesses in defence. The learned trial Court, while relying on statements of PW5 Jhoomar Ram, PW6 Ugam Singh and PW15 Bhanwar Singh, recorded conviction against accused -appellants for the aforementioned offence whereas accused Hema Ram was acquitted by extending benefit of doubt. The learned trial Court, while recording conviction against accused -appellants, has also taken note of the circumstantial evidence and recovery of the weapons of offence pursuant to information furnished by accused -appellants under Section 27 of the Evidence Act, wherein Kassis (Article 7, 9 and 11) and a chain (Article 10) were recovered. The blood -stains were found at the place of offence and from FSL Report Ex.P/38 it is established that the blood -stains are of the deceased. The learned Court below has noticed the fact that from accused Hema Ram lathi was recovered and from Dhanna Ram, Kana Ram and Dharma Ram blood -stained kassis are recovered. Although the blood group on the Kassis could not be detected but the Court below has found that the recovery itself is sufficient to bring home guilt against accused -appellants. The learned Court below has also found that there was a motive for the offence inasmuch as there was enmity between deceased and the accused party in respect of their right to worship of deity and that prompted the accusedappellants to commit gruesome offence of murder. While taking note of pale and ill health of accused Hema Ram and his septuagenarian age, he was extended benefit of doubt and acquitted. The theory of alibi propounded by accused -appellant Rewant Ram is completely repudiated by the learned Court below and taking serious note of his elopement after commission of offence, the learned Court below has found that his presence at the site of offence is undeniable and the factum of his absconding is yet another relevant fact indicating his involvement in the commission of offence.