NANU RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.5.92 passed by the learned Addl. District & Sessions Judge, Ratangarh in Sessions Trial No. 3/92 convicting the accused appellants to imprisonment for life for offence punishable under sections 302/149,147 and 148 of the Indian Penal Code.

(2.) Briefly stated the facts giving rise to the prosecution are that on 25th March, 1986 at about 11.00 p.m. on the Holi day, several people of the village Kankar, in Ratangarh, District Churu, were sitting around the Holi Fire, when Nanu Ram, one of the accused persons took out a burning stick from the fire and ran towards the village. He was chased by Likhma Ram who took the burning stick and threw it in the water tank. Therefore, Nanu Ram accompanied by Bhanwraram, Mangilal, Malaram, Adu Ram, Sugnaram, Gyaniya and Norang Ram, came back and alleged that Likhmaram had beaten Nanuram with sticks and, therefore, Aduram said search our Likhma Ram'. It is then alleged that Rukmaram (since deceased) said that Likhmaram is with him and dared the accused persons to touch him. On that the accused persons treating Rukma Ram as basic cause of fight, assaulted him with axe and lathis which resulted in his death.

(3.) The First Information Report, Ex. P/21 was lodged on 26th March 86 at 7.00 in the morning by Sohan Lal, PW 5, who is brother of the deceased Rukma Ram. It is stated in the First Information Report that Likhmaram chased Nanu Ram to get him and, therefore, Nanuram and other accused came back to take revenge on Likhmaram. They were challenged by Rukmaram who was, therefore, assaulted as aforesaid.