POKAR RAM AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellants Pokar Ram and Mana Ram have filed the present appeal being aggrieved by the decision of the learned Additional Sessions Judge, (Fast Track) No.1, Pali, Headquarter at Jaitaran, in Sessions Case No.91/2004/2001 dated 23.4.2005 whereby the accused appellant Pokar Ram has been convicted under Sections 302, 307, 324, and 326 Indian Penal Code and accused Mana Ram has been convicted with the aforesaid offences read with Sec. 34 I.P.C'. and has been sentenced to life imprisonment and tine, apart from other sentences and fine.

(2.) The prosecution was launched on the basis of a report lodged at Police Station, Sojat City, Ex.P-1. In Ex.P-1 Bora Ram stated that apart from himself, Sohan Lal and Chhaga Ram are the other two brothers. They had some kind of dispute with Master Pokar Ram and Mana Ram who were brothers in relation. About ten years before, there was some dispute about a platform being constructed bi i them in front of their house. The objection of the complainant was that this would cause obstruction in the way of carts etc. The accused party did not heed to t heir request. They constructed the platform and stopped keeping relationship with them.

(3.) Few months before the incident there was a dispute in between the two parties which related to the distribution of wheat and there was certain litigations pursued in that connection and there was a certain animosity in between the parties. It was further stated in the report that on the fateful day at about 5.30 PM, Mahesh, S/o Chhaga Ram came weeping and informed him that Chhaga Ram was coming from his Govt. duty and while he arrived at the Temple of Mahadevji, accused Pokar Ram, Master armed with a sword and accused Mana Ram armed with a stick came hurling, abuses from their house and caused injuries by sword and stick. At that time Sugani was drawing water from the ha' end pump. She tried to intervene. She was also inflicted injuries. While all this w as going on, deceased Sohan Lal came running and tried to intervene and tried to rescue the injured. Accused Pokar Ram and Mana Ram caused injuries to him. Sohanlal sustained fatal injury and fell there and succumbed to his injuries. After that the accused ran away towards their house. Pokar Ram and Mana Ram had their clothes stained with blood. At that time Jankilal, witnessed the occurrence. He asked them to stay but the accused made their escape good. Janki Lal made a telephonic contact with the police. Police arrived and on arrival started enquiring about the incident. They were given a report which was registered as First Information Report and a case under Sections 302, 307 I.P.C. was registered as K.I.R. No.265/1999. After usual, investigations, charge sheet was filed against the accused. The case was committed and on 1.11.2000 charges were framed against the accused persons. Against accused Pokar Ram charges were framed under Sections 302, 307, 326 and 324 I.P.C. and against Mana Ram the same offence were added with the aid of Sec. 34 I.P.C. Accused denied the charges and claimed trial.