HEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6th April 1990 passed by the AddI. District Sessions Judge, Nagaur, in Sessions Case No. 43/87. Having found the accused appellant guilty the learned Judge proceeded to convict the appellant under sec. 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and a fine of Rs. 100/-. Other eleven accused persons were acquitted by the learned Judge of the charges under Secs.148, 302/149 and 323/149 of the Indian Penal Code. Acquittal is not questioned by the prosecution.

(2.) Facts necessary for proper adjudication of this appeal stated in brief are that on 6th April 1987 villagers of village Satika in Nagaur Taluk and District Nagaur went to the local festival (Mela). Villagers (approximately 800 to 1,000) had gethered for that Mela. It is alleged that in the morning at about 10 0 clock one Megha Ram came near the camel cart or one Bakhtaram after worshipping the goddess from the temple. After sometime, Megha Ram started to return when several persons named, assaulted Mega Ram severely injuring him. When scors of others from the Mela gathered on the spot, the assailants ran away before police could arrive on the scene. Police recorded statement of some of the persons present and First Information Report was recorded at the instance of one of them. Due investigation was, thereafter, carried out and 12 persons, including the present appellant were prosecuted under Secs. 148, 149, 302/149 and 323/149 of the Indian Penal Code for causing murder of Megha Ram and causing hurt to Megha Ram.

(3.) The prosecution examined 13 witnesses to prove its case and 5 witnesses were examined on behalf of the defence. On appreciation of the entire oral and documentary evidence available in the case, the learned AddI. District & Sessions Judge, Nagaur, found only Hema Ram guilty of the offence under Sec. 302 of the Indian Penal Code and he proceeded to acquit all the eleven others of all the charges framed against them. The learned Judge found no credible evidence against any of the other accused and he acquitted all of them. It is the conviction of the accused Hema Ram which is now questioned before us in this appeal.