RAM RATAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE these two criminal appeals are directed against one and the same judgment of the learned Sessions Judge, Bikaner dated April 25, 1979, they were heard together and are decided by a single judgment. By the judgment aforesaid, the respondents Banwari, Kishna Ram Chadra s/o Moti Ram, Ram Kishan and Ram Lal were acquitted of the offences under Sections 148, 452 and 302/149 IPC while accused Ram Ratan was convicted under Sections 302 and 452 IPC and Section 25(a) of the Arms Act and was sentenced to imprisonment for life and rigorous imprisonment for one year and four months on the respective counts. Sentences were directed to run concurrently. Accused Ram Ratan has come up in appeal to challenge his convictions and sentences while the State has come against the acquittal of the aforesaid five respondents. It is in this way that we have two appeals before us.

(2.) SUCCINCTLY stated, the prosecution case runs as under. The deceased victim Laluram was the brother of PW 4 Hetram and husband of PW 8 Mst. Rameshwari. They are residents of village Mukam Police Station Nokha District Bikaner. Accused Ram Ratan and the five acquitted accused, who are closely related inter se, are also residents of the same village. There was deep seated enmity between these two factions. Various criminal cases were instituted by them against each other, in which some of them were convicted and sentenced. The deceased Laluram was also one of those persons who were convicted. Four or five months before this occurrence (March 24, 1977), Laluram was released on bail. This further annoyed the members of the accused party.

(3.) WE have heard Shri Doongar Singh learned counsel appearing for accused Ramratan, Shri Niyazuddin Khan the learned Public Prosecutor and Shri V.N. Mathur and Shri B. Advani the learned counsel appearing for the acquitted accused respondents. We have also gone through the case file carefully.