PHOOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellant who has been convicted for the offence under Section 302 IPC for murder of Smt. Bhanwari Devi and also for the murder of Banwari Lal to imprisonment for life and a fine of Rs. 1,000/- and; in default of payment of fine to further undergo six months rigorous imprisonment. He has also been convicted for the offence under Section 324 IPC in respect of the injury caused to Nawal Kishore for one year's rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine to further undergo three months rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) THE brief facts giving rise to this appeal are that an FIR (Exhibit P-7) was lodged at Police Station Sadar at Jhunjhunu by one Balu Ram PW-5 stating therein that he along with his son Pradeep Kumar PW-6 were standing in front of their house at 11:00 in the morning when Phoola Ram, the accused appellant who is elder brother of Gopal whose shed which was used for tying the cattle, had got burnt down on the previous night on 17. 1. 1999, came with a gandasi in his hand. THE accused appellant suspected that Banaram and his family had set the animal shed on fire. On seeing the deceased Bhanwari Devi wife of Banwari alias Banaram and her son Nawal Kishore (PW-4), the accused appellant struck Bhanwari Devi, deceased, with Gandasi on her head as a result of the aforesaid blow, she fell down and the accused appellant inflicted 3-4 more blows on her head. It was further stated in the FIR that accused appellant also inflicted a blow with gandasi on the left arm of PW-4 Nawal Kishore son of Banaram. Having inflicted the said blows on the person of Bhanwari Devi and Nawal Kishore, the accused appellant inquired as to where Banwari was and it is stated that the accused appellant was saying that he will take the life of Banwari Lal. So saying, as stated in the FIR, the accused appellant went towards the field of Khang Singh (PW-3 ). Khang Singh @ Khangaram (PW-3) and Banwari Lal deceased were sitting near the well of Khangaram smoking a chilam and on reaching there Phoolaram, the accused appellant, inflicted a blow with gandasi on the head of Banwari, the deceased, who fell down. It is then stated by PW-5 Baluram that he along with PW-3 Pradeep reach the spot and they along with Khang Singh wanted to apprehend the accused appellant but accused appellant ran away from there taking the gandasi with him. THEreafter, Baluram along with Pradeep and Khang Singh took the three injuried persons Smt. Bhanwari Devi, Banwari and Nawal Kishore to the Government Hospital, Jhunjhunu. Smt. Bhanwari Devi and Banwari died as a result of the injuries sustained by them. PW-4 Nawal Kishore was medically examined and his Injury Report is Exhibit P-1. As per the Injury Report, PW-4 Nawal Kishore received one incised wound which was simple in nature caused by sharp edged weapon.

(3.) THE learned Trial Court carefully examined the evidence more particularly the evidence given by PW-5 Balu Ram, PW-6 Pradeep Kumar and PW-3 Khangaram @ Khang Singh as well as of the injured PW-4 Nawal Kishore. On the basis of the aforesaid evidence the Trial Court held that appellant had inflicted injuries on the person of deceased Smt. Bhanwari Devi and also on the person of deceased Banwari and further inflicted injuries to the injured PW-4 Nawal Kishore. As a result of he aforesaid finding based upon the appreciation of evidence, the accused appellant was found guilty and was convicted and sentenced, as mentioned above.