DANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Sessions Judge, Merta dated March 14,1975 convicting and sentencing the appellants as under:- S. No. Name of accused Offence u/s Sentence awarded. 1. Dana Ram 302,ipc Imprisonment for life and a fine of Rs. 50/- 447, IPC Simple imprisonment for six months. 2.Dewa Ram 302/34. IPC Imprisonment for life and a fine of Rs. 50/ -. 323, IPC Three months simple imprisonment. 447, IPC Six months simple imprisonment. 3. Rewat Ram 302/34,ipc Imprisonment for life and a fine of Rs. 50/- 323,ipc Three months simple imprisonment. 447, IPC Six months simple imprisonment. Substantive sentences were directed to run concurrently.

(2.) THE prosecution case is short and simple. On July 20, 1974, PW 1 Bhoma Ram and his father Baluram went to sow Moth crop in their field situate in Sarhad Panchori district Nagaur. This field was a part of a big field bearing Khasra No. 305 in the Old Settlement. THE field had come in the possession of Baluram through a registered sale deed and an award made in an Arbitration proceeding. THE field originally belonged to accused Danaram. He was not happy with the Award of the Arbitration and wanted to recover back the possession over the field. While Bhomaram and his father Baluram were sowing the seeds in the aforesaid field on July 20, 1974, the accused Danaram, Dewaram and Rewat Ram went there in the noon. Accused Danaram had a Jharbar while the remaining two had two-pronged Jeyees. Accused Danaram shouted; "?k. kka fnu gks x;k ckogk" At this, accused Dewaram and Rewat Ram started beating Baluram with their Jeyees. Baluram fell down, accused Danaram struck blows on his head with the blunt-side of his Jharbar. Seeing his father assaulted and belaboured, Bhomaram came to his rescue, but he too was not spared and he was landed two blows by accused Rewat Ram and Dewa Ram Bhana Ram (PW 1) rushed to his Dhani and informed his mother of the incident. THEy both came there and found Baluram lying in the field with multiple wounds. It is alleged that PW 2 Girdhari, who was working in his field situate nearby, had seen the incident. He also rushed to the spot. THE accused then went away taking their weapons with them. Bhomaram went to PW 3 Raghunath and apprised him of the incident. He also came to the Dhani of Bhoma where Balu Ram was taken and was lying unconscious. Raghunath stopped there for some time. Baluram did not survive and passed away. Raghunath went to Police Station, Panchori and verbally lodged report Ex. P. 2 of the occurrence at about 3. 30 p. m. on the same day. THE Station House Officer Chhatar Singh (PW 13) arrived at the Dhani of Baluram where his dead body was lying. He prepared the inquest report of his dead body. He also inspected the site. THE autopsy of the victim's dead body was conducted at about 11. 00 a. m. on July 21, 1974 by Dr. Mohammed Ibrahim. He noticed the following injuries on the dead body of the victim:- External:- 1. Lacerated wound 3" x 1/2" x skin deep on the occipital region 4" above the hair line and 7" from the right eye brow, longitudinal placed 5" from the right ear. 2. Lacerated wound 1" x 1/2" x 1/2" on the right half of the occipital region 3" above the hair line, and 3" from the right mastoid process. 3. Lacerated wound 1" x 1/4" x 3/4" on the left thigh anteriorly placed 4" above the patellar prominence. 4. Lacerated wound 1" x 1/2" 1/2" on the left leg on the anterior part 6" below the patellar prominence and 8" above the medial mallualous. 5. Abrasion 2-1/2" x 2" in size on the ulnar side of the left-fore-arm 4" below the elbow prominence and 7" above the wrist joint. 6. Bruise multiple bruises lying across the spine in 5-1/2" x 4" area (more than four in number) extending down from the level of 7th thoracic spine and 8" above iliac crest. 7. Bruises transversely placed, three in number in 1/2" x 3-1/2" area upper one 7" below the anterior iliac spine and lower one 4" above the knee joint. 8. Bruises transversely placed, two in number, in 5" x 2" area upper one 5" below the greater tronchoter and lower one 6" above the knee pit THEse injuries were on the back of the thigh. Internah- 1. THEre was a collection of clotted blood on the right occipital region. I removed the clotted blood and detected a linear fracture of the skull vault on the occipital region. 2-1/2" in size obliquely placed. 2" above the right mastoid process extending upto at a distance of 7" above right orbital upper margin. 2. Menings were congested and blood clot was present between memb-rance and skull. THE blood clot was pressing the brain matter on its right side. 3. THEre was huge collection of clotted blood beneath the skin and muscle fibres of the back around the vertebral column extending down from the level of 7th cervical vertebrae down upto the sacral region. This collection of blood extended on both sides of spines in an area of 4 to 5 inches. "

(3.) SINCE the findings of facts recorded by the trial Court have not been challenged before us by the learned counsel for the appellants, we need not discuss the prosecution evidence at length. The established facts are that the appellants, who are father and sons interse, went to the field where the deceased Baluram and his son Bhoma Ram (PW 1) were sowing the Moth crop. Accused Danaram had a Jharbar with him while the remaining two accused had ordinary lathies, with them. Accused Dewa Ram and Rewat Ram struck blows on the back of Baluram. Baluram fell down. Thereafter accused Danaram struck blows on his head with the blunt side of the Jharbar. With this background of the proved facts, we are to examine whether the offence under section 302, IPC was rightly held as made out against the appellants.