AMARA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal under Section 374(2) Cr. PC against the judgment and order dated 17th September, 1985 of the learned Sessions Judge, Jaipur District, Jaipur whereby the appellant was convicted under Section 302 IPC and sentenced to imprisonment for life with a fine of Rs. 100/ -, in default of payment of fine to further undergo one month, rigorous imprisonment.

(2.) AN FIR was lodged on 13 -5 -1984 by Ashok Kumar s/o Banshi deceased, Resident of Bhenslana at Police station Rainwal at 9.30 pm. It has been stated that on 13 -5 -1984 at about 3.00 p.m., complainant's father was sitting at the shop of Gulab Chand Kumawat and he was also standing there. Accused Amara Jat was talking to Gopu at the shop of Bodu. At that time, at the shop of Gulab, apart from the complainant, his father, Kana Ram Kumawat, Ganga Ram, Raj Singh and Bhagwan Sahai were also sitting. At that time accused Amara Ram came all of a sudden with a stick in his hand and struck 4 blows by stick on the head of Banshi, due to which Banshi fell down. Thereafter Amara Ram gave stick blows on the feet of Banshi. When the complainant asked Amara Ram not to beat his father, Amara Ram leaving his father ran towards complainant and beat him. Thereafter, the complainant ran away from there towards the Station from where he was seeing the whole incident. Raj Singh shouted that Banshi should be taken to the hospital. Thereupon Amara Ram gave lathi blows to Raj Singh also. Afterwards the complainant's uncle Hanuman and his father came on the spot and took injured Banshi to Bhenslena Hospital. The doctor advised them to take him to Jaipur. They started from Benslana to Rainwal for taking injured Banshi to Jaipur and put him in a Tonga and brought him to the Bus -stand, but between 9 and 9.50 injured Banshi died. He then took the dead body of his father Banshi to the Police Station. There -upon, a case under Section 302 IPC was registered and investigation commenced. The post -mortem of the dead body was conducted. Injured Raj Singh was also medically examined. Site -plan of the place of occurrence was prepared and accused Amara Ram was arrested by the police. A stick was recovered at the instance of the accused. After investigation a challan was filed in the court of Chief Judicial Magistrate, Sambhar Lake, who committed the accused to the court of Sessions for trial on 27 -6 -1984. After hearing arguments of learned counsel for the accused and the learned Public Prosecutor on 8 -8 -1984 the accused was charged with the offence under Section 302 IPC. The accused denied having committed any offence and claimed to be tried. On behalf of the prosecution, as many as 13 witnesses were examined and documents Ex. P 1 to Ex. P. 19 were exhibited. The accused was examined Under Section 313 Cr. PC. He stated that the prosecution witnesses have given false statements against him and he claimed that he was not present at the relevant time at the where the incident took place and that he had enmity with Bodu, Raj Singh and Bhagwan Sahai and as such they have falsely implicated him in this offence. Accused examined as -many as 8 witnesses in his defence and also produced documents Ex. D 1 to D 6 on his behalf. After hearing both the sides, the learned Sessions Judge, Jaipur, District Jaipur found the accused to have committed offence under Section 302 IPC and convicted and sentenced him as indicated above.

(3.) PW 10 Gulab Chand on whose shop the occurrence is said to have taken place, has stated in his statement that the shop of Bodu is about 50 yards away from his shop. He has stated that on the day of occurrence, he was giving materials to his customers at the relevant time when the occurrence took place and Kana Ram, Ganga Ram and some other persons were sitting at his shop. He has further stated that Banshi was not at his shop and he was sitting at the shop of Bodu. Banshi never came at his shop. He heard Banshi and Bodu exchanging abuses between themselves. When the wife of deceased Banshi shouted, he came but of his shop and saw deceased Banshi lying on the road infront of the shop of Bodu. He further says that he did not know who gave beating to Banshi and Amara Ram was not present on the spot at that time. He further states that Raj Singh, who lives above his shop, came on the spot on hearing the shouts of wife of Banshi. He did not see Amara Ram giving lathi blows to Banshi. This witness has been declared hostile by the prosecution. He has further stated that his statement recorded in the presence of the Magistrate was given under pressure of police. He states that he had affixed his signatures on some documents as the Thanedar had told him that if he does not sign these documents, he will be involved in a false murder case.