RAICHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Bikaner dated November 12. 1980 whereby the learned lower court has held accused Raichand and Girdhari guilty of the offence under ss. 147 302/149 I. P. C. whereas it has held accused Bhiya Ram, Arjunram and Asuram guilty of the offence under ss. 148 and 302/149 I. P. C. Accused Girdhari and Raichand have been sentenced to 4 months' rigorous imprisonment and a fine of Rs. 200/- each for the offence under s. 147 I. P. C. whereas accused Shivaram, Arjunram and Asuram have been sentenced to 6 months rigorous imprisonment and a fine of Rs. 200/- each for the offence under s. 148 I. P. C. All the accused persons have been sentenced to life imprisonment together with a fine of Rs. 100/- each for the offence under s. 302/149 I. P. C. and in default to undergo two months' rigorous imprisonment.

(2.) THE story of the prosecution as disclosed in the F. I. R. Ex. P. 1 is that on June 25, 1979. the camels of deceased Ramkaran which were looked after by his son P. W. 1 Gangabishan entered into the field of Bhiyaram. Bhiyaram gave a beating to Gangabishan. In the evening Gangabishan reported this matter to his father Ramkaran. On June 25, 1979, Ramkaran went and remonstrated Bhiyaram for chastising his son Gangabishan. On June 27. 1979, Ramkaran was going to the police station to report the matter. However, Bhiyaram etc. went to village Janglu and the elders of the village called Bhiyaram, Arjunram and Girdhari etc. alongwith Ramkaran and his elder brother Mamraj to settle the matter through the Panchayat. It is alleged that they except Mamraj went to village Janglu. THEre, the matter was amicably settled between them with the intervention of the village elders. Later, accused Raichand and deceased Ramkaran came to the Dhani of P. W. 6 Ramchandra on a camel drive cart belonging to P. W. 6 Ramchandra. From there, Raichand went to his own dhani. THE other accused persons i. e. Arjun-ram, Asuram, Girdhari and Bhiyaram etc. went to their own dhani Ramkaran stayed at the dhani of Ramchandra. THEre, he took meals at 3 P. M. At about 4. P. M , it is alleged that Raichand came to the Dhani of Ramchandra and persuaded Ramkaran to accompany him to see the Bajra crop standing in the field of Raichand. It is alleged that thereupon, Ramkaran accompanied Raichand at about 4 P. M. When Ramkaran reached into the field of Raichand in the company of Raichand, accused Bhiyaram armed with a Sella and accused Arjunram armed with an iron pronged Jaiee were hiding behind a Ker bush and Asuram and Girdhari armed with lathis were hiding themselves behind the thorn fencing existing between the fields of Raichand and Bhiyaram. Raichand gave a sighal whereupon all these four persons immediately pouched upon Ramkaran and gave him a severe beating. Raichand was also armed with a lathi and he was giving Lalkaras that 'this Moda should not be kept alive'. This occurrence was witnessed by Gangabishan who was grazing his camels in the field of Panji which was then cultivated by deceased Ramkaran. On seeing the occurrence, he started weeping and raised a cry which attracted the attention of P. W. 2 Shaitansingh. Shaitan was then going to bring water on his bullock cart. He also raised a hue and cry. While weeping and crying, Gangabishan went towards his own dhani. This attracted the attention of P. W. 4 Mamraj and P. W. 5 Mohanram who are the elder and younger brothers of deceased Ramkaran respectively as also P. W. 3 Smt. Ramku wife of deceased Ramkaran. THEy immediately rushed towards the place of occurrence and saw that these four accused persons were beating Ramkaran whereas Raichand was instigating them by giving a Lalkars that this Moda should not be kept alive. P. W. 6 Ramchandra also heard these cries and he too, came towards the scene of occurrence. On seeing them, accused persons ran away from the scene of occurrence. By the time, these persons reached near the dead body of Ramkaran, he was already breathing his last. THEn Mohanram inquired from Gangabishan as to what has happened. Gangabishan related to him the entire incident. Mohanram then made a report of this incident at police station Nokha which has been marked Ex. P. 1. THE police immediatly registered a case under s. 302/34 I. P. C. and reached the spot and conducted the spot investigations. THE autopsy on the dead body was also got conducted. THE accused persons were arrested. Blood stained soil, shoes of the deceased, the blood stained clothes of the deceased were taken into possession by the police. During investigation, on the information and at the instance of the accused persons, one Sella was recovered at the instance of accused Bhiyaram, one Jaiee was recovered on the information and at the instance of accused Arjunram and one blood lathi was recovered from accused Girdhari. One lathi was also recovered from accused Raichand and one Barchhi was recovered from accused Ashram. After usual investigation, the case was challaned in the Court of Judicial Magistrate, Nokha, who committed the case for trial to the Sessions Judge, Bikaner for trial. THE accused-persons were charged with the offences under ss. 147, 148 and 302/149 I. P. C. THE plea of the accused persons was recorded. THEy pleaded not guilty to the charges whereupon the prosecution examined as many as 9 witnesses in support of its case. THE statements of the accused-persons were recorded under s. 313 Cr. P. C. THEy led no defence. After hearing the parties, the learned lower court convicted and sentenced the accused persons as stated above.

(3.) WE have meticulously gone through the record of the case and have also given our most earnest consideration to the submissions made at the bar. The case entirely depends on appreciation of the ocular evidence, which firstly relates to the motive for the crime and secondly, to the eye witness account of the incident. Now it has to be seen how far this evidence is reliable.