RAM NIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAM Niwas, Ravindra and Rajesh, the appellants herein, along with four co-accused Madan Lal, Sita RAM, Mahendra and Kishore were tried before the learned Additional Sessions Judge No. 2 Sikar Camp Srimadhopur in Sessions case No. 24/2001 (Old No. 19/98 ). Learned Judge vide judgment dated July 22, 2002 while acquitted co-accused persons, convicted and sentenced the appellants as under:- RAM Niwas: U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 10000/-, in default to further suffer simple imprisonment for two months. Ravindra and Rajesh: U/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 10000/-, in default to further suffer simple imprisonment for two months. U/s. 324 IPC: Each to suffer rigorous imprisonment for one year. U/s. 323 IPC: Each to suffer rigorous imprisonment for six months. The substantive sentences were ordered to run concurrently. Against the finding of acquittal the State of Rajasthan preferred the Appeal No. 224/2003, whereas informant Richhpal has preferred the revision petition No. 73/2003.

(2.) THE prosecution case as unfolded during trial is that on March 21, 1998 at 10. 40 PM informant Richhpal (PW. 1) lodged written report (Ex. P. 1a) at Police Station Reengas to the effect that a meeting of their family members regarding dispute of `chabutra' (Platform) was held in the evening of the said day which continued till 9 PM. After the meeting dispersed around 9. 30 PM while his brother Nekiram @ Narendra was standing in Chowk, Sita Ram, Ram Niwas and Madan Lal came over there armed with lathis and caught hold of Nekiram. In the meanwhile three sons of Mohan Lal viz. Kishore, Rajesh and Mahendra and Ravindra S/o. Sitaram also came over there armed with Gandasi, iron-rod and knife and surrounded Nekiram and started inflicting blows with lathis and iron-rod, as a result of which Nekiram fell down. Ram Niwas and Ravindra then caused injuries with knives on the person of Nekiram. Mukesh and Gulab Chand, who made attempt to rescue Nekiram, also sustained injuries. Nekiram died on the way while he was taken to the hospital. On that report a case under Sections 147, 148, 149, 341, 302, 323 and 307 IPC was registered and investigation commenced. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 2 Sikar Camp Srimadhopur. Charges under sections 148, 302, 302/149, 307, 307/149, 325/325/149, 323 and 323/149 IPC were framed against the accused, who denied the charges and claimed trial. THE prosecution in support of its case examined as may as 16 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. No witness was however examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) IN the backdrop of fact situation of the present case we find that the appellants did not share common intention to kill Nekiram. Section 34 IPC deals with the doing of separate acts, similar or diverse, by several persons, if all are done in furtherance of a common intention, each person is liable for the result of them all as if lie had done then himself. IN the present case the incident occurred all of sudden after the meeting of family members dispersed. There was no previous enmity between appellant Ram Niwas and the deceased. The crime was committed without premeditation. The quarrel arose on a spur of moment, only one injury was caused in the heat of passion and appellant Ram Niwas did not take undue advantage or acted in a cruel or unusual manner. The case of appellant thus comes within Exception 4 to Section 300 IPC with the result that the offence committed was culpable homicide not amounting to murder.