BEGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the Additional Sessions Judge, Hanumangarh dated February 21, 1976 convicting and sentencing the appellant as under:

(2.) BRIEFLY stated, the prosecution case, which is short and simple, is that Surja Ram (deceased), Chunni Ram and Begaram (appellant) were real brothers and resided in village Sherahan P.S. Tibi district Sri Ganganagar. PW 1 Manphool is the son of Chunni Ram and PW 2 Rameshwar is the son of Surja Ram. The appellant Kashi Ram is the son of accused Bega Ram. The three brothers Chunni Ram, Surja Ram and Bega Ram were cultivating Kila Nos. 1,2,8,9,10,11 and 12 of Muraba No. 47 situate in Chak No. 3 -H. M.M. Each brother was in possession of two Kilas while Kila No. 10 was in their joint cultivation and possession. Even in Kila No. 10, specific portions were allotted to each brother and thus the appellant Bega Ram was only cultivating 1/3 portion of Kila No. 10. At about 9.00 or 10.00 a.m. on October 18, 1974 when PW 1 Manphool was ploughing his field and Surja Ram was up -rooting the bushes in his field, the two appellants Begaram and Kashi Ram accompanied with accused Sant Ram came there. They were armed with lathies. They went to Surja Ram and started adminisrering blows to him with their lathies. Accused Begaram struck a blow of his lathi on the head of Surja Ram. Accused Kashi Ram struck a blow of his lathi on the fore -head near the eye of Surja Ram. Surja Ram fell down. The appellants and Sant Ram even thereafter landed blows to him. PW 1 Manphool and PW 2 Rameshwar rushed to protect Surja Ram. They too were not spared and were beaten by the appellants and Sant Ram. Surja Ram became unconscious on the spot. The accused thereafter left the place. Manphool and Rameshwar (PW 1) took Surja Ram to the Police Station, Tibi, where they reached at about 12.15 p.m. on the same day. He verbally lodged report Ex. P. 1 of the occurrence. The police registered a case under Sections 307, 447 and 323, IPC, against the appellants and Sant Ram. The Investigating Officer sent Surja Ram for treatment to 1 - RCP. Dispensary, Hanumangarh for treatment where he was admitted at about 6.00 a.m. Despite medical treatment, he did not survive and breathed his last at about 10.30 a.m. on October 19, 1974. Section 302, IPC, was thereafter added during the investigation. The Station House Officer Rakshpal Singh (PW 12) went to the Dispensary and prepared the inquest report of the dead body of Surja Ram. His blood stained clothes were also seized and sealed. The post -mortem examination of the victim's dead body was conducted at about 3.30 p.m. on October 19, 1974 by PW 10 Dr. Roopsingh. He found the following antemortem injuries on the victim's dead body: External - -

(3.) WE have heard Mr. R.N. Bishnoi, learned Counsel for the appellants and Mr. L.S. Udawat the learned Public Prosecutor.