JAMURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) :- This appeal is directed against the judgment of the learned Additional Sessions Judge No. 2, Sri Ganganagar dated 23-8- 1989 passed in sessions case No. 17 of 1988 whereby the learned Additional Sessions Judge has held the accused appellants Jamuram, Munshiram, Satnamchand, Kashmir Chand and Nanakram guilty of the offence under S. 302 and in the alternative of the offence under S. 302/149, IPC and has sentenced them to imprisonment for life together with a fine of Rs. 500.00 and in default of payment of fine to further undergo rigorous imprisonment for six months. They have also been held guilty of the offence under S. 148, IPC and have been sentenced to rigorous imprison ment for two years together with a fine of Rs. 200.00 and in default, to further undergo two months rigorous imprisonment. Both the substantive sen tence have been ordered to run concurrently.

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are : that deceased Gulabchand, who happened to be a Panch of Gram Panchayat, Sardargarh from Manewala Ward and first informant P.W. 1 Sunderram are the real brothers and D.W. 1 Mst. Rajjo is their uncle's daughter. It is alleged that Mst. Rajjo's husband Chimbaram died and thereafter, she contacted Nata marriage with her husband's brother Munshiram. It is further alleged that Mst. Rajjo developed illicit relations with accused Jamuram and, therefore, she was under the influence of accused Jamuram and his brother Munshiram. Accused Jamuram prevailed upon Mst. Rajjo to institute a false case of rape against Munshiram son of Kaku, with whom she contacted the Nata marriage after the death of her husband Chimbaram. It is alleged that during investigation of that case, deceased Gulabchand disclosed this fact to the Investigating Officer that Mst. Rajjo has already done Nata marriage with her husband's brother Munshiram son of Kaku and, therefore, a FR was submitted in that case by the investigating agency. It is further alleged that on account of submission of this FR by the inves tigating agency, accused Jamuram and his party nurtured ill-will against Gulabchand.

(3.) It is alleged that on 25-5-1986 at about 9 am, deceased Gulabchand, P.W. 1 Sunderram and Lalchand son of Chabaram were standing in the village Chowk near the Johad (water pond). At that time, accused-appellants Jamuram, Munshiram, Satnam and Kashmir sons of Nibahuram and Nanakram son of Walia, all by caste Kamboj belonging to their village came there. Accused Jamuram and Munshiram were armed with Gandasies. Accused Satnam was armed with a Hockey and accused Kashmirchand and Nanakram were armed with Kassiyas. As soon as they spotted Gulabchand, Jamuram told his companions that the enemy is standing and, therefore, he should be killed. On this exhorta tion, all the five accused-persons conjointly at tacked Gulabchand. It is alleged that accused Jamuram struck a Gandasi blow on his head, by which, the blood started oozing out. Accused Munshiram struck a Gandasi blow on his left arm, by which, his arm was cut and the blood started coming out. On receiving these two injuries, Gulabchand fell down faceward and as soon as he fell down, it is alleged that accused Satnamchand, Kashmir Chand and Nanakram availed him with hockey and Kassiyas. P.W. 1 Sunderram and Lalchand cried 'Mar Diya-Mar Diya'. On hearing this, Bhagwansingh son of Kansingh, Harichand son of Heeraram Kamboj came there running. Seeing them coming towards the place of the occurrence, all the five accused-persons ran away. from the place of the occurrence.