RAM KUNWAR @ RATAN LAL Vs. STATE

JUDGEMENT

(1.) these six appeals have been filed against the judgment passed by learned Special Judge, SC/ST (Prevention of Attrocities) Cases, Merta dated 10.06.2011 in Sessions Case No. 17/2008 (04/2008) whereby, the accused appellants (1) Ramkunwar @ Ratan Lal (2) Narayani (3) Janki (4) Gariba Ram (5) Sukha Ram (6) Dharma Ram have been convicted for offence under Sections 148, 323/149, 324/149, 325/149, 326/149 and 302/149 IPC and sentenced as under :-

(2.) All the sentences were ordered to run concurrently. Out of the six appeals, four appeals namely, D.B. Criminal Appeal No.632/2011, D.B. Criminal Appeal No. 559/2011, D.B. Criminal Appeal No.668/2011, D.B. Criminal Appeal No.669/2011 have been filed by the accused appellants against their conviction and sentence, whereas, D.B. Criminal Appeal No. 608/2011 and D.B. Criminal Appeal No. 910/2011 have been filed by the complainant and the State of Rajasthan respectively against the order of acquittal passed in favour of seven accused persons viz. (1) Sumitra @ Sunita (2) Indra (3) Munni (4) Hapu Ram (5) Baudi (6) Nena Ram (7) Seniki @ Sina.

(3.) Brief facts of the case are that complainant Prem D/o Mangu Ram filed a written report before the police station Merta Road mentioning that "we had quarrel with regard to land with Ghamanda Ram and his family members since last 25 years. Some quarrel is also going on with Deena Ram Jat and his familly members which is also with regard to field and cases are also going on. About 20 days back, some quarrel had taken place between us and between family members of Ghamanda Ram and a case was also registered for the said quarrel. Today on 10.10.2007 at about 12-1 O'clock when she alongwith her father Mangu Ram, brother Ram Kishore and Ram Niwas reached near Dapaliya Nada in a camel cart with herd, the accused persons namely, (1) Ratan lal @ Ram Kunwar (2) Sukha Ram (3) Gariba Ram (4) Dharma Ram (5) Karma Ram (6) Richhpal (7) Dina Ram (8) Jimnaram (9) Shivlal (10) Amra Ram (11) Chenki (12) Baudi (13) Kali (14) Munni (15) Punki (16) wife of Gariba Ram (17) wife of Dharma Ram (18) Bajudi (19) Narayani (20) Janki (21) Goga Ram (22) Mahendra (23) Mohan Ram (24) Nema Ram (25) Sukha Ram S/o Jala Ram (26) Hari Ram (27)Pukhraj (28) Giga Ram and 10-12 more persons armed with axe, lathi, Dantal, Kaniya, Pipes, Gun Pistol, iron rod etc attacked them. Due to the injuries caused by the accused persons, her father Mangu Ram, brothers Ram Kishore and Ram Niwas received so many injuries and due to the injuries, they died on the spot. It is alleged in the complaint that Pukhraj and Gariba Ram fired from their gun and pistol respectively. In the said assault, the complainant also received injuries caused by the accused. The accused person took away their camel cart. It is further stated that she went to the Dhani where she narrated the entire incident to her mother and sister-in-law.