DHARAM PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN short the prosecution story is that on the fateful night the deceased and other members of the complainant party armed with deadly weapons visited the house of accused party. Free fight ensued and both the parties sustained injuries on the vital parts of the bodies. Accused Dharam Pal and Ram Niwas (appellants herein) were charge sheeted for having committed murder of Balbeer. At the trial another accused Mahipal (third appellant) was also implicated. Learned Trial Judge found three appellants guilty and convicted and sentenced them vide judgment dated July 26, 2001 as under:- Dharam Pal: U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months. U/s. 307/34 IPC: To suffer rigorous imprisonment for seven years and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months. Ram Niwas and Mahipal: U/s. 302/34 IPC: Both to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months. U/s. 307/34 IPC: Both to suffer rigorous imprisonment for seven years and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months. The substantive sentences were ordered to run concurrently.

(2.) ON March 8, 1993 Baldev Singh ASI of Police Station Nawalgarh received telephonic message in regard to the incident occurred in the field of one Ram Kumar. Baldev Singh rushed to the place of incident and found Budha Ram, Mahaveer, Ranveer and Balbeer lying in an injured condition. They were removed to the hospital where Balbeer was declared dead. A report (Ex. P-1) thereafter was lodged by Baldev Singh and investigation commenced. ON completion of investigation charge sheet was filed against Dharam Pal and Ram Niwas. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Jhunjhunu. Charges under sections 302, 302/34, 307 and 307/34 IPC were framed against Dharam Pal and Ram Niwas, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 15 witnesses. At the trial cognizance was also taken against Mahipal. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Ram Niwas in his explanation stated that Bhuda Ram, Ranveer, Mahaveer and Balveer came to his house and caused injuries on his person. Dharam Pal and Radha Devi were also beaten up. Radha Devi lodged the report of the incident at the Police Station. ON hearing final submissions learned trial Judge convicted and sentenced the appellants as indicated herein above.

(3.) FURTHER scrutiny of record strengthen this fact that the incident occurred in the house of appellants and a cross case was registered on the report of Radha Devi (aunt of appellants ). This fact was admitted by Bhagwan Singh IO (Pw. 13) in his cross examination:- ********