DALA RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Arising out of judgment dated 19.10.2009 passed by learned Additional Sessions Judge (Fast Track), Nagaur in Sessions Case No. 260/2001 (34/2000) these two appeals are before us. The learned trial court by the judgment impugned recorded conviction of accused -appellants Dala Ram and Sanwta Ram and also awarded sentence to them as under: - -

(2.) In brief, facts of the case are that on 25.4.2000 a telephonic information was received at Police Station, Nagaur about the use of fire -arms in a quarrel between Sanwata Ram and his brothers in village Bhadana. A police team immediately proceeded and reached at the spot of occurrence and found that Prabhu Ram and Shaitana Ram were lying there with serious injuries and dead -body of Shri Bhoma Ram was also lying there. Both the injured persons were taken to Government Hospital and during the course of treatment Shaitana Ram also died. The Station House Officer, Police Station, Nagaur Shri Tejpal Singh (PW -8) reduced the statement made by other injured Prabhu Ram in writing and on the basis of that, a case was registered. As per the statement reduced in writing, Shri Shaitana Ram, a School Teacher, in the morning at about 7:00 am on 25.4.2000 proceeded on his Moped (Vikky) for his school where he was working; at that time Sanwata Ram and Dala Ram intercepted him. Sanwata Ram was armed with a gun and Dala Ram was carrying a 'lathi'. A 'lathi' blow was given by Dala Ram on the head of Shaitana Ram. Prabhu Ram, who was standing at a distance of about 15 to 20 steps came forward to save Shaitana Ram but Sanwata Ram fired at him and that caused an injury in his left arm. A fire -arm injury was also caused to Shri Bhaga Ram. Hearing hue and cry, other step brother of Sanwata Ram, namely, Bhoma Ram also came out from the house, on whom too shot was fired and that caused his death. Mrs. Hukmi, daughter of Bhoma Ram also came forward, on whom too Sanwata Ram fired and that caused injuries on her legs. A shot was also fired on Shaitana Ram on his abdominal region. In the meanwhile Ganga W/o. Bhoma Ram, Sita W/o. Shaitana Ram and Geeta W/o. Prabhu Ram also arrived there. Shaitana Ram was then taken to his house where Dala Ram came and caused an injury to Shaitana Ram by giving a 'kassi' blow. Sanwata Ram accompanying Dala Ram also fired on Shaitana Ram. The entire incident occurred due to groupism and vengeance existing among cousins and step brothers.

(3.) The Investigating Agency acted upon the First Information Report and initiated investigation. During the course of investigation dead -bodies of Shaitana Ram and Bhoma Ram were subjected to autopsy and as per that report, Shaitana Ram and Bhoma Ram were having the following injuries: - -