RAM DHAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The four Appellants have preferred these appeals against the judgment and sentence of the Sessions Judge, Jaipur District, Jaipur dated April 4, 1972, by which the learned Sessions Judge has convicted and sentenced each of them, for causing the death of Ramchand and Sbrinarain, punishable under section 304 part I of the Indian Penal Code, to life imprisonment on both counts. He has also convicted them of an offence under section 325 of the Indian Penal Code for causing grievous hurt to P. W, 2 Gangaram alias Gangla and sentenced them to suffer three years' rigorous imprisonment each. He has further convicted them under section 323 of the Indian Penal Code for voluntarily causing simple hurts to P. W. 3 Mst. Govindi, wife of Shrinarain, P. W. 4 Mst. Rama, wife of Ramchand and P. W. 6 Naraini, daughter of Shrinarain and sentenced them to underge six months' rigorous imprisonment each.

(2.) The prosecution case, in brief, is as follows :

(3.) On June 30, 1971, at about 3.30 p.m., P. W. 15 Mahadev Meena lodged a report Ex. P/17 at police station Jamwa Ramgarh to the effect that at about 8/9 a.m. in the morning while he was on his way from village Toda at village Kotiyali, he heard an alarm raised by some persons and he, therefore, went on a Teela and enquired as to what the matter was. He was informed by P. W. 6 Mst. Naraini, daughter of the deceased Shrinarain, that her father and uncle had been done to death by the four appellants viz., Ramu, Bhonrya, Ramdhan and Mangla. He then reached the spot i.e., field Khasra No. 641, known as Nandawali-kothi and found her uncle Ramchand lying deed while her father Shrinarain was in an injured condition. The witnesses, according to him, were P. W. 1 Mahadev and two others i.e. Rewar and Nanu, both of whom have not been examined. Upon the lodging of the report, a case under section 302, 307, 149 and 147 of the Indian Penal Code was registered at the police station Jamwa Ramgarh. The police started the investigation and sent the dead body of deceased Ramchand for post-mortem examination and Shrinarain, who was lying injured to the S. M. S. Hospital, Jaipur, where he succumbed to his injuries on July 23, 1971. i.e., some 23 days after the incident.