STATE OF RAJASTHAN Vs. RAMRAKH AND ORS.

JUDGEMENT

(1.) THIS is an appeal by the State against the order of acquittal parsed by the Sessions Judge, Bikaner in a case under Sections 302, 307, 302/140, 148 and 323/149 I.P.C. instituted against the six accused respondents.

(2.) THE incident relating to this case took place at about mid night on April 19, 1969, at Gopala Ram's dhani (house) situated mid -way between the village Jaisinghbdisa and village Pithasar, within the jurisdiction of the Police Station, Nokha. Gopala Ram's dhani consists of two verandahs, called as Bhanal and an open court -yard enclosed by walls. In front of of the court -yard there is a bada known as 'Bhanal' surrounded by thorn fencing. This dhani was being used as a famine relief camp which, started functioning from April 10, 1969. It is alleged that accused respondent Ramrakh did not like the idea of opening the famine relief camp at Gopala Ram's dhani, He was eager to have this camp located in his village Jaisinghdisa. The prosecution case, as narrated in the First Information Report as well as, by the eye -witnesses, may now briefly be stated. On the night between 18th and 19th April, 1969 at Gopala Ram's dhani deceased Gopala Ram and his brother PW 1 Mula Ram were sleeping tide by side in the courtyard of their dhani. PW 1 Mula Ram's son Jaisukba PW 2 was also sleeping on the roof of one of the two 'sals' of the dhani. PW 6 Gopal Das, a work -charge in the famine relief camp, was sleeping inside the 'sals'. At about mid night six accused respondents, namely. Ramrakh, Birbal and Goidhan sons of Bharta Ram. Ganpst and Jagmal sons of Nanu Ram and Bagdawat son of Harbhaj along with Hazari son of Bharta Ram entered the court -yard of the dhani and went near the place where PW 1 Mula Ram and the deceased Gopala Ram were sleeping. Ganpat and Birbal were armed With 'selas', Gordhan was armed with 'barcha'. Hezari was armed with a pistol and the rest namely Ramrakh, Jagmal and Bagdawat were armed with lathis. Ram Rakh is said to have asked Gopala Ram where Jethu Ram round be found. Gopala Ram replied that Jethu Ram had gone to the village. Ram Rakh then dealt a lathi blow to Gopala Ram while he was sleeping, Gopala Ram got up, packed up a lathi lying beneath his cot and hit Ram Rakh with it, with the result that Ram Rekh fell down on the ground. Ram Rakh, exhorted his companions to do away with Gopala Ram and PW 1 Mula Ram. Thereupon Bagdawat dealt a lathi blow on the fact of Gopala Ram and Ganpat pierced 'sela' into the neek of Gopala Ram. PW 1 Mula Ram intervened to save Gopala Ram. Birbal struck a blow with 'sela' on Mula Ram's right axilla. Gordhan struck with the 'barcha' edge on Mula Ram's head Ganpat dealt a blow with the 'sela' on Mula Ram's left groin. Jagmal dealt five lathi blows on Mula Ram's left leg All the accused thereafter kicked Gopala Ram and fled away leaving behind Gopala Ram dead, and PW 1 Mula Ram seriously injured The cries raised by the injured persons attracted Lalu Ram. PW. 6, Horpalaram and Bhajna Ram PW. 3. Bhajna Mula Ram narrated to them the names of the assailants, and the manner in which he and Gopala Ram were assaulted PW. 3 Bhajna Ram then went to the police station Nokha and If deed the first information report in the morning at 7 a.m. Dr. Mohan Lal PW. 8 conducted post mortem examination on the dead body of Gopala Ram at 5 p.m. on 19/4/69, and noticed the following external injuries:

(3.) BRUISE 1" x 1" on back right side on scapular region