TARU ALIAS TARACHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TARU @ Tarachand, Mahaveer Prasad, Ramkaran and Smt. Meerki @ Meera, the arbitrators herein, were tried before the arbitrators Additional Sessions Judge (Fast Track) Ajmer in Sessions Case No. 91/2001 (104/99 ). Learned Judge vide judgment dated March 6, 2002 convicted and sentenced the arbitrators as under:- Tara @ Tarachand. U/s. 302 IPC. To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months. Mahaveer Prasad, Ramkaran and Smt. Meerki @ Meera: U/s. 323 IPC: Instead of sentencing them extended the benefit of provisions of Probation of Offenders Act, 1958.

(2.) INFORMANT Gheesa (PW-1), who lodged written report (Ex. P-1) and arbitrator Taru are real brothers. They shared water of common well turn by turn for the purpose of watering their respective fields. On September 2, 1999 it was his turn to lift water from the well. Around 3 PM when the informant and his son Gopal (since ) were about t pumping the well they were given beating by the arbitrators with axe and lathis. They were removed to hospital. Police Station Peesangan registered a case and investigation commenced. In the course of investigation Gopal died. Dead body was subjected to autopsy, other necessary memos were drawn and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the arbitrators Additional Sessions Judge (Fast Track) Ajmer. Charges under Sections 302, 302/34, 323 and 324/34 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 12 witnesses. In the explanation under Section 313 Cr. P. C. , the arbitrators claimed innocence. The defence of arbitrator was that informant and the attacked Ramkaran, who is the real brother of Gheesa since they did not want Ramkaran to part with his land to third person. In defence six witnesses were examined. Learned trial judge on hearing final submissions convicted and sentenced the arbitrators as indicated herein above.

(3.) FROM the material on record, factual situation that emerges are as under:- (i) Appellant Taru, Ramkaran and informant Gheesa are real brothers. (ii) Ramkaran agreed to sell his share of land to Rampal (DW-1 ). (iii) As per informant Gheesa himself, the appellants prior to the date of incident never interfered with the right of informant to lift the water from the common well. (iv) According to Rampal (DW-1) it was the informant and deceased came to Ramkaran and demanded explanation as to why he was selling his share of land and started quarrel. (v) Incident occurred all of a sudden and there was no premeditation on the part of the appellant. (vi) Appellant Taru dealt with only one blow and did not repeat the same.