HARJI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated November 26, J979 passed by the learned Sessions Judge, Merta by which appellants Harjiram, Rekharam and Birmaram were convicted for the murder of Shivkaran and sentenced to imprisonment for life under Section 302/34 IPC. Appellant Birmaram was also convicted for the offence under Section 323 IPC for causing injuries to Narsaram and was sentenced to six months RI for that charge with an order that his substantive sentences on both the counts shall run concurrently.

(2.) SUCCINCTLY narrated the prosecution case is as under : There was some dispute about a field between Narsaram (PW 6) and one Magnaram. Deceased Shivkaran was the supporter of Narsaram and the three appellants were supporting the cause of Magnaram. Deceased Shivkaran had given some cloth to tailor Joomarram (PW 6) at village Gachhipura for stitching a shirt for him. On December 6, 1978 Shivkaran went to Gachhipura with Narsaram to bring the shirt from the tailor. When after taking the shirt they were returning to their village Kuchipala and reached at a distance of about one and half miles from village Patti -Doberiya at about 8.00 p.m they met the three appellants armed with lathies coming from opposite direction. The appellants suddenly attacked Narsaram and Shivkaran. Narsaram received one lathi blow at the hands of Birmaram and managed to run away. The three appellants caused a number of injuries with the lathis they had to Shivkaran. Shivkaran fell down and the appellants went away. Kanaram (PW 7) was returning from village Degana and got down at the railway station Gachhipura. Therefrom he was going to village Kuchipala on foot Kanaram saw Shivkaran being belaboured by the appellants Hearing the cries of Shivkaran Kanaram went to his rescue but on being threatened of beating by the appellants he ran towards his village and informed Unkaram and Mohanram. Narsaram after seeing the beating to Shivkaran from behind a hedge went to the village. Kanaram and Narsaram informed the villagers. Narsaram also corroborated Kanaram and these two witnesses along with other villagers went to the place where Shivkaran was left by the witnesses. Meanwhile a Bus passed that way. Nensingh (PW 2) was the Driver and Prem Singh (PW 1) was the Conductor of the Bus. On seeing a person lying on the road the Driver stopped the Bus and saw the injuries on the body of the person lying there. Conductor Prem Singh went to village Patti. Doberiya and informed Sarpanch Sajjan Singh (PW 5). Sajjan Singh accompanied the Conductor to the place of incident. On enquiry made by the Sarpanch, he disclosed his name and residence and informed about the three appellants giving a beating to him. He also told him about Narsaram being with him at the time and then running away from there. The Sarpanch took the injured Shivkaran in that Bus to police station Gachhipura. Shivkaran lodged the report Ex. P/9 with Omprakash (PW 10) SHO of that police station. The SHO took Shivkaran to Gachhipura hospital and gave a requisition to Dr. Shivprakash Bohra (PW 9) who examined the injured. Dr. Bohra recorded the dying declaration of injured Shivkaran which is Ex. P/6. In view of the condition of the injured Shivkaran had at the advice of Dr. Bohra for X -ray, he was taken to Nagaur hospital but he breathed his last in the way and was taken back to Gachhipura hospital. Dr. Bohra conducted the post mortem examination of the dead body of Shivkaran on December 7, 1978 at 10.30 A.M. and prepared the postmortem examination report Ex. P/7. The Doctor noted following injuries on the dead body:

(3.) UPON completion of necessary investigation, chargesheet against the three appellants was filed in the court. The learned Magistrate committed the appellants to stand their trial in the Court of Sessions Judge, Merta. The learned Sessions Judge charge -sheeted the appellants for the offences Under Section 302, 302/34, 302/114, 325, 325/34, 323 and 323/34 IPC and recorded their plea. They denied the indictments and claimed to be tried. Prosecution examined 10 witnesses in all. In their statements under Section 313 of the Code of Criminal Procedure Birmaram and Rekharam pleaded alibi and stated that they were at village Modi on that day and were cutting 'Khejri' trees purchased from Shankersingh. Harjiram admitted the incident but not in the way prosecution alleged. He stated that on that day Ramdin, Siyaram, Motiram Shivkaran, Narsa. Kana etc. had given a beating to his brother Nimbaram. That, he had gone to police station Gachhipura at 11.00 A.M. to lodge the report. Shivkaran and Nasaram were already present there. The SHO asked him to stand outside. Shivkaran and Narsaram came out and hurled abuses to him and went away inside. When he went inside, the SHO told him that he would record his report in the evening. He, thereafter, left for the village. Shivkaran and Narsaram met him near Dobeliya and hurled abuses and quarrel ensured. One lathi blow was inflicted upon him which he warded off by his lathi. He then gave a lathi blow to Shivkaran and as he was alone he took to heels. Narsaram ran after him and apprehending an attack from Narsaram he gave lathi blow to Narsaram. He did not intend to kill Shivkaran nor he had any idea that he would die. He filed Ex. D/2 and Ex. D/3, the documents relating to the occurrence in Magnaram's field and farther staled that challan has been filed regarding the beating given to Nimbharam. He also slated that when Shivkaran and Narsaram met him in the way they were drinking wine. Shankersingh (DW 1) was examined to support the pica of alibi taken by Rekharam. Poosaram (DW 2) has been examined to support Hajiram on the point that the latter was going to Police Station Gachhipura to lodge the report about the beating gien to his brother. Nimbharam (DW 3) brother of Harji Ram has stated about his beating by Khinyaram, Ramdeen, Motiram, Shivkaran and Narsa. He also stated that Harjiram was his real brother, Birmaram his nephew and Rekharam his cousin. The learned Sessions Judge placed .reliance on the evidence of Narsaram, the dying declaration of Shivkaran and the recoveries of lathis from the appellants, one of which had human blood and passed the judgment under appeal.