STATE OF RAJASTHAN Vs. HET RAM AND ORS

JUDGEMENT

(1.) This is an appeal by the State against the order of acquittal by the learned Sessions Judge, Shri Ganganagar dated 28-5-1970. Accused Het Ram and Parman were challaned under Sections 302/34 and 307, and Section 27 of the Indian Arms Act. The accused Raja Ram was charged under Section 302, IPC and Section 27 of the Indian Arms Act. The learned Sessions Judge acquitted all the accused of the charges framed against them. Feeling aggrieved by the judgment of the learned Sessions Judge, Shri Ganganagar, the State has come up in appeal. The prosecution story, in brief, is that Bheemsen sent a written FIR to the Police Station, Tibi through one Atma Ram. Haru Ram, however, met Atma Ram on his way to the Police Station, Tibi, and Atma Ram gave this written report to Haru Ram for presenting it to the Police Station, Tibi. Haru Ram, accordingly, presented this report and added that after the departure of Bheemsen from village Peerkamariya, Brij Lal had died.

(2.) The salient features of the First Information Report are that Haru Ram and Khayali Chamars were "siris" (partners) of Bheemsen. In the evening of 17-3-1969, the accused Het Ram, Parman and Raja Ram along with two other persons and Jagdish fired towards the house of Haru and Khayali Chamars. On 18-3-1969, Bheemsen sent his "siri" Brijlal to call Khavali and Haru. Bheemsen also followed Brij Lal. When Brij Lal reached Hatu Chamar's house, the accused Het Ram, Raja Ram and one unknown person, who wee standing on the root of Het Ram's house abused Brij Lal. Parman fired towards Brij Lal, which did not bit him. When Biij Lal began entering the "bakhal" of Khayali's house Raja Ram with an intention to cause his death, fired at him with his rifle hitting Brij Lal on his back. Het Ram also filed, which was a miss Bheemsen ran towards the house of Beniwal crying to Haru and Khayali to carry away Brij Lal. The FIR further reveals that the intention of the accused persons was to kill Bheemsen and Brij Lal. It was also alleged in the FIR that the Police Officers of P.S. Tibi were in collusion with the accused persons.

(3.) A case under Section 302/34, IPC was registered against the accused persons. Accused Raja Ram was absconding and hence ASI Shri Sumer Singh applied to the Magistrate concerned for getting the warrant of arrest issued against him. The accused Het Ram and Parman were arrested on 8-4-1969, and later on Raja Ram surrendered himself. The investigation of the case was, later on, taken up by Dy. S.P. Shri Dalchand.