SRIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE twelve appellants before me have been convicted by the learned Additional Sessions Judge No. 2 Dholpur, in Sessions Case No. 21/1979, for offences Under Sections 302, 326, 325, 324, 323, read with Section 149 of the Indian Penal Code. The appellants Sriya and Rasham have been convicted for the substantive offence of Section 302 IPC and also Under Section 27 of the Arms Act. They have been sentenced to various terms of imprisonment including life imprisonment for the offence Under Section 302 or 302 read with Section 149 IPC. A fine of Rs. 200/ - was also imposed on each of them and in default of payment of fine to undergo one month's rigorous imprisonment. At the same time, three persons, namely, Rameshwar, Heta and Mohan Singh were acquitted for all the offences. The twelve appellants have preferred this appeal against their aforesaid conviction.

(2.) THE facts leading to the case are that on March 16, 1976, at 3.0 p.m., Gangaram s/o Sunder Lal lodged a First Information Report at the Police Station, Sapau. The contents of the First Information Report are that on the after noon at the same day, he along with his brother Sonkhia and one Ramie were cutting Sarson, in their field, known as 'DAGARGARIA', then at that time all the fifteen accused came from the side of Puro. He gave the names of twelve persons and said that he did not recognize 2 -3 other persons. All of them were kachis belonging to Tehri. They came, armed with lathies, balom, farsa and guns and Rasham told to catch hold of Sonkhia. Chiranji accused had Balam, Sriya had a gun, Shobha had a farsa and others had lathies. Rasham and Mangal accused gave blows with lathies while Chiranji gave a blow with balam and Sriya fired at Sonkhia. Others gave lathi blows with the result that Sonkhia died on the field itself and Ganga and Ramie ran way from there. After this, it was mentioned that some persons killed one Niroti in his field and at that time when Niroti was killed, the incident was witnessed by Shyam Lal and Ramnath. This occurrence is said to have been taken place on account of old enmity. On this report of Gangaram, a case was registered Under Sections 302, 147, 148, 149 IPC and the S.H.O. P.S., Sapau, went to the site, where he found the dead -bodies of Niroti and Sonkhia in different fields. The post -mortem on the bodies of the deceased was conducted on March 17, 1976, by Dr. Maru. He opined that the cause of death of deceased Sonkhia was multiple -injuries and multiple fractures of the skull. There was no gun -shot wound on Sonkhia but there were a number of gun -shot wounds on Niroti, whose death was caused due to a gun -shot injury in the stomach. The details of the injuries found on the deceased show that both of them were beaten mercilessly. After completing the investigation, the S.H.O. presented a challan against 15 persons, out of whom, three have been acquitted as seen above and the remaining twelve are appellants here. The eye -witnesses of the murder of Niroti are said to be Shyamlal, Ram Nath and one Amar Singh, though only Shyamlal and Ramnath have been shown to be present at the time of occurrence in the First Information Report. No details of that incident were mentioned when the report was lodged at the police station. The manner in which that part of the incident occurred was revealed only when Shyamlal and Ramnath were examined Under Section 161 Cr.PC. The version about the incident which occurred in Niroti's field is that he, along with Ramnath. Shyamlal and Amarsingh were collecting Sarson. Niroti was loading the same in the tractor. Sriya appellant came from the side of Pura and Niroti asked him to smoke a bidi. Ramnath, who was standing on the tractor, threw a bidi to Sriya, which was picked by him, Niroti must have walked down a few steps when Sriya took out a gun from his coat and fired at Niroti, which hit him on his left thigh. Niroti caught hold of his thigh and started running towards the village, when Sriya shouted that the enemy was going away and almost atonce, the other accused came out of the neighbouring field of Bhanta. They were shouting 'Maro -Maro'. Chiranji and Mangalsingh had ballam, Shobha and Peta had per se and Rasham had a 12 bore gun and the other had lathies. Rasham and Sriya both fired at Niroti and he fell down. Thereafter, all the others collected round him and all of them gave beating to him. After some time, Niroti died and the accused Sriya said that 'he is dead, now hurry up and come to Sonkhia, who will run away if he hears this voice.' Then they all went away towards the field of Sonkhia.

(3.) THE nature of the injuries of the deceased -persons is numerous and there can be no doubt as to the homicidal death but the same may be looked into for knowing the nature of the attack which was made on the deceased. Niroti had two incised wounds, bone deep on the forehead, one lacerated wound on the right side of the face. There were four entry wounds of bullet, one on the left thigh, another on the left forearm and two in the abdomen. There were three exit wounds and the doctor who conducted the post mortem recovered three bullets from the lower half of left arm and one bullet from the muscle of the thigh and one bullet from the muscles of the abdomen. The deceased Sonkhia had six incised wounds on the face and skull and a lacerated wound on the scalp along with contusion. The incised wounds resulted in fracture of the frontal bone, right temporal bone and right parietal bone. This evidence leaves no doubt that a gruesom double murder was commtted.