RAMSWAROOP Vs. STATE

JUDGEMENT

(1.) THREE persons were put on trial before the learned Additional Sessions Judge, Gangapur City, for causing the death of one Mohania on 26 -7 -74. The learned Additional Sessions Judge convicted Ramswaroop under Section 302 I.P.C. and condemned him to death. He convicted accused Ramjilal for the offence under Section 302 read with Section 34 IPC and sentenced him to imprisoment for life. He however, aquitted Ramkhiladi. Ramswaroop's case is before us for confirmation of the death sentence and the two accused had filed appeals through jail as well as through their counsel and in this way all these four matters are being disposed of by this judgment.

(2.) DECEASED Mohania who was aged 60 or 62 years, was living in village Rendayal Turk in the part of the habitation where Thakurs lived. His relations with the Chamars of the village who lived in another part, were strained on account of a criminal case between Mohania and some of the Chamars. On the morning of 26 -7 -74 accused Ramswaroop accompanied by accused Ram jilal went to the house of Mohania and the two forcibly brought him to the Chamarwada. The prosecution case is that Ramswaroop had a pharsi with him and Ramjilal was armed with a lathi. The two were bitting him with their respective weapons while Mohania was being pulled or dragged towards the part of the village where the Chamars lived. This part of the incident was witnessed by PW 2 Malkhansingh and PW 6 Bahadursingh who were sitting on a chabutra in the village chowk. They bad seen Mohania being forcibly taken away towards the Chamars habitation.

(3.) PW 11 Bachansing arrested the accused and on the information furnished by accused Ramswaroop he recovered the pharsi Article 2 at his instance. The pharsi was properly lesled and then sent for chemical examination. The report of the chemical examiner Ex P 18 shows that it was stained with blood and the report of the Serologist Ex P 19 shows that the blood on the pharsi was human blood. The lathi Article 4 was similarly recovered on the information furnished by accused Ramjilal and on being sent for chemical examination it was found to be stained with blood. According to the Seriologist, the blood was human blood After completing the investigation, the police put up a challan against the three accused with the result mentioned at the out -set.