GOPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In village Doli, there were two factions - one led by the deceased Chutara Ram, and another led by Chima, father of the accused-appellant Gopa Ram. Both factions were engaged in litigation and were inimically disposed. A day earlier to the incident i.e., on 23-5-77 one Surjan Ram called Chutara Ram and his brother Sajan Ram to attend the function organised by him. Both of them attended the function. Accused Gopa Ram also attended the function but did not take the ceremonial-meals with Chutara Ram or his brother Sajan Ram. Both factions had ostracised each other from the community and exchanged hot words at the function also. Next day, i.e. on 24-5-77 at about 4.30 P.M., Chutara Ram and P.W. 5 Joga Ram left for their homes. At Hamir's field, accused Gopa Ram along with other co-accused Uda Ram, Chhoga Ram, Dheema Ram, Gumana Ram and Pokar Ram came in a tractor. Gopa Ram was carrying a 'dhariya' while the other accused-appellants were armed with lathis. Gopa Ram got down from the tractor and assaulted the deceased Chutara Ram with the dhariya and the other accused persons used lathis to assault the deceased Chutara Ram. Joga Ram who was accompanying the deceased was also given beating by all the accused persons and accused Dheema snatched from him his watch. Therefore, injured Chutara Ram was taken away in the tractor to Chima's dhani. On information being received, Bhera P.W.-7 reached Chima's dhani and there Chutara Ram informed him about the incident naming all the accused persons as assailants. After some time, Chutara Ram succumbed to the injuries.

(2.) Chutara Ram's brother P.W. 4 Sajan Ram lodged the first-information-report at about 8.45 P.M. that very day with Police Station Mandali and the police registered a case under Ss. 147, 148, 149 and 302, I.P.C. The investigation commenced and the accused persons were apprehended on 27-5-77. On information given under S. 27, Evidence Act by accused Dheema the watch was recovered from the factory of one Nathu Singh at Jodhpur vide Ex. P/11. Autopsy was perform on the dead body of Chutara Ram by P.W.-3 Dr. Om Prakash on 25-5-77. The post-mortem report as Ex. P/3. Again a medical board was constituted which performed second autopsy on 26-5-77. The report of the medical-board is Ex. P/1 proved by P.W. 1 Dr. Madan Lal Calla.

(3.) Accused Gopa Ram was charged for offences under Sections 148, 302/149, 394/397 and 364, I.P.C. while the other accused persons were charged under Sections 147, 302/149, 394/397 and 364, I.P.C. As per the defence version, the accused were not present at the spot at the relevant time and were falsely implicated. The prosecution examined 12 witnesses to prove the charge. P.W. 4 Sajan Ram, P.W. 5 Joga Ram, P.W. 6 Jog Singh, and P.W. 8 Mena were examined as eye-witnesses. P.W. 7 Bhera was examined to prove the dying-declaration made by the deceased Chutara Ram. 2 doctors, 2 motbir witnesses of the recovery and 1 witness to prove the identification of the articles were examined. The Court below acquitted one accused Pokar Ram and convicted all the remaining 5 accused for offences under Sections 302/149, I.P.C. and sentenced them to undergo imprisonment for life. Accused Gopa was also convicted under Sections 148 and 362, I.P.C. and sentenced to undergo rigorous imprisonment for 6 months on each count. Accused Dhimiya, Udiya, Chhoga and Gumana were also convicted under Sections 147 and 362, I.P.C. and were sentenced to suffer rigorous imprisonment for 3 months on each count. Accused Dhimiya was further convicted under Section 302, I.P.C. and sentenced to undergo rigorous imprisonment for 6 months. It was directed that their sentences shall run concurrently.