RAMRATAN Vs. STATE

JUDGEMENT

(1.) This is a criminal appeal by Ram Ratan, Ganpat and Harbilas, against the judgment of the Additional] Sessions Judge of Dholpur, dated 21-4-1955, convicting the accused-appellants under Sections 302 and 307 both read with Section 34, Penal Code, and sentencing them each to transportation for life and a fine of Rs. 300/- or in default 6 months' further rigorous imprisonment under Section 302 read with Section 34 I.P.C., and to 7 years' R. I. and fine of Rs. 200/or in default 4 months' further R. I. under Section 307 read with Section 34 I.P.C. Both the sentences were ordered to run concurrently.

(2.) The prosecution case is that Pyare, brother of the three accused-appellants, was murdered about one year before the date of occurrence in this case, and a case against Daryav, Bidha and others is pending in the Court of the Sub-Divisional Magistrate of Dholpur. The relations of Daryav, Bidha and others with Ram Ratan and his family were strained on account of the murder of Pyare, Daryav was keeping Mt. Ramdei, a Kachhi girl, and Pati, who was also a Kachhi and who wanted to keep Mt. Ramdei, had a grievance against Daryav on this account. During night between 14 and 15-4-1954, when Daryav was sleeping on a cot with Mt. Ramdei in a Madhaiya in the Nohra of Chela Gadariya, the accused Ram Ratan, Ganpat and Harbilas, Sudhre, Inder, Pati, Ajba and others came and Pati and Ajba took their positions in front of the gate of Cheta's Nohra and Inder and Sudhre near the cot of Megha and Narain in the court-yard of the Nohra, while Ram Ratan, Ganpat and Harbilas entered the Madhaiya. Both Ram Ratan and Ganpat were armed with swords and Harbilas with a Lathi. Ram Ratan and Ganpat inflicted an injury on the neck of Mt. Ramdei, causing her instantaneous death and several cut injuries on the head and other parts of Daryav's person. Daryav raised a cry and Bidha, having heard it, came towards Cheta's Nohra and was confronted by Patj and Ajba at the gate. Pati fired a shot with the gun which he was carrying, one of its pellets hitting Bidha on the upper and front part of his right forearm. After firing the gun both Pati and Ajba ran away from that place and Inder, Sudhre, Ram Ratan, Ganpat and Harbilas also came out of the Nohra and escaped, but they were noticed by Bidha who was at that time at the gate of the Nohra. While Ram Ratan, Ganpat and Harbilas were in the Mudhaiya Inder and Sudhre kept a watch on Megha and Narain and warned them not to get up. After the accused left the place Daryav got up and having crossed the side-wall of the Nohra outside the Madhaiya saw Maharaj Singh s/o Pyare and Maharaj Singh s/o Hargovind, Nawab and his son, Amar Singh and Nihal Singh standing by the side of the Nohra wall but outside it and entered the Nohra by its main gate. He then called out Megha and Narain and asked Narain to get him his Pancha from the Madhaiya. Narain accordingly brought him his Panch which was then worn round his waist by himself. Bidha then went to the house of Badan Singh, father of Daryav, and informed Rati Ram, brother of Daryav, about this concurrence, who sent Vidhya Ram to Badan Singh at the latter'a Khaliyan in order to inform him about this affair. Badan Singh came to his house and then to the Nohra along with Bidha and Rati Ram. He saw Daryav and met Megha and Narain on the spot and left for the police station of Maina with Rati Ram. First Information Report was lodged by him at 5 A.M. in which Ram Ratan, Hurbilas, Ganpat, Sudhre, Inder, Srichand, Ajab, Ninal, Maharaj Singh s/o Pyare, Maharaj Singh s/o Hargovind, Pati Ram Kacahi and one or two others whose names are not legible on account of the paper having been torn, were mentioned. Habib Khan and "Girdharilal, constables of police, reached the spot of occurrence and a little later Makkhansingh, investigating officer, also joined them. The dead body of Ramdei, along with Daryav and Bidha were sent to Dholpur for medical examination. All those persons who were named in the first information report except Shobha Ram & Srichand were arrested and, after investigation, challaned to the Court of the Sub-Divisional Magistrate. Dholpur, under Sections 302 and 307 both read with Section 149 or in the alternative with Section 34 I.P.C., who committed them to the Court of Session. The learned Additional Sessions Judge acquitted all the accused except Ram Ratan, Ganpat and Harbilas, who were convicted and sentenced as noted above.

(3.) The detence of the accused was that they were innocent and that they were implicated on account of their enmity with Daryav and his family.