RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WE notice many grey areas in the story woven by the prosecution in the instant case. Ganga Ram, the deceased met with homicidal death on July 10, 2003 while he was keeping a watch on the crop at his field. Ram Singh, Pappu Singh @ Laxman Singh, Inder Singh and Banna Lal, the appellants herein, were put to trial on the allegation of murder of Ganga Ram before the learned Additional Sessions Judge (Fast Track) No. 1, Tonk, who vide judgment dated February 26, 2004 convicted and sentenced them as under:- U/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for three months. U/s. 341 IPC: Each to suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently.

(2.) AMAR Chand son of deceased Ganga Ram handed over a written report on July 10, 2003 at Police Station Deoli naming the four appellants as the assailants. According to the report Ganga Ram's wife and daughter were the eye witnesses of the incident. On that report case under sections 147, 341, 323, 447 and 435 IPC was registered and investigation commenced. In the course of investigation Ganga Ram died on July 18, 2003 and section 302 IPC was added. Dead body was subjected to autopsy, statements of witnesses were recorded, necessary memos were drawn and after completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Tonk. Charges under sections 341 and 302 alternatively 302/34 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 19 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Nine witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) DR. H. L. Bairwa (Pw. 19), who conducted autopsy on the dead body on July 18, 2003 deposed that Ganga Ram was admitted to the hospital on July 10, 2003. He was given treatment in Neuro Surgery Ward. There was a stitched wound on the left eye brow. Cause of death was coma due to head injury.