RAM CHANDRA MEGHWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 1374(2) Crimial P.C. by the accused appellant assailing the judgment dated 4.2.2009 passed by the learned Addl. Sessions Judge (FT) No. 2, Bikaner in Sessions Case No. 80/2007 by which the learned Trial Court convicted the accused appellant for committing offence under Sections 302, 326 and 324 I.P.C. and passed the following sentence, which reads as under: <FRM>JUDGEMENT_51_LAWS(RAJ)10_2016_1.html</FRM>

(2.) As per facts of the case upon Parcha Bayan,(Ex.P-41) of injured eyewitness Ajeet Singh, F.I.R. No. 53 was registered at Police Station Nokha, District Bikaner on 8.5.2007. The, injured, eye-witness PW-6 Ajeet Singh (complainant) alleged in his statement that since last five years, the accused appellant Ram Chandra was working as labour in his agricultural field. During the said period, some times he used to stay in house, however, it was came to the knowledge of family members that he is having evil-eyes towards the ladies of the family he was removed from the service. On 7.5.2007 at about 10.00 pm, the complainant, and his mother Umaid Kanwar, grand mother Smt. Bhanwar Kanwar and great grand-mother Rukhama, sister Chandu and aunty Prerh Kanwar after taking meal sleeping in the house. In the night at about 1.00 accused appellant entered in the house having axe in his hand to Kill all of us. The accused appellant first inflicted injury to the complainant upon his neck and right hand, in the light of moon, the complainant identified accused appellant Ram Chandra. After inflicting injury to the complainant, the accused appellant caused injuries to all female members of the family, Smt. Bhanwar Kanwar, Rukhama, Umaid Kanwar, Prem Kanwar and sister Chandu by axe upon their head and other parts of the body. The said incident was also seen by the complainant's aunty Bhalu Kanwar from her house. Due to the injuries caused to all members of the family, sister of the complainant Miss Chandu Kanwar died. As per allegation in the complaint, Ram Chandra became annoy and angry because he was removed from service as labour in the agricultural field of complainant for the reason that he was having bad intention towards the female members of the family. As per complainant the accused entered in the house with the bad intention on the date of incident at about 1.00 am in the night and inflicted injuries by axe to all the ladies of the family and complainant Ajeet Singh.

(3.) Upon aforesaid statements made in the, surgery ward of PBM Hospital, Bikaner at about 10.15 am on 8.5.2007 by the complainant, SHO Police Station Nokha registered F.I.R. No. 201 under Sections 307, 302, 450 I.P.C and commenced investigation. The Investigating Officer, PW-17 Bhagla Ram recorded statements of all the injured witnesses in the hospital where female family members of the complainant were under treatment and after registration of the F.I.R., he went on place of occurrence and prepared sight plan (Ex.P-22) and details of site were recorded vide Ex.P-22A. Photographs of the site were also taken and blood stained pillow and other material were seized on spot vide Ex.P-23. The blood stained soil was taken vide Ex.P-24. Mud (soil) were also taken from the spot vide Ex, P-25. One pair of sleepers were also taken in possession vide Ex. P-26 and simple soil was taken in possession vide Ex.P-27 and after completion of entire investigation, the accused appellant was arrested and upon information (Ex.P-59) of accused appellant Ram Chandra, the axe was recovered vide Ex.P-42. The investigating Officer after completing all the formalities of the investigation filed charge-sheet against the accused appellant the accused appellant in the Court of Judicial Magistrate, Nokha under sections 302, 307, 326, 324 and 449 I.P.C. from where the case was committed to the Sessions Court, Bikaner for trial, but learned Addl. Sessions Judge, Bikaner transferred the case to the Court of learned Addl. Sessions Judge (FT) No. 2, Bikaner for trial.