KISHNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE five appellants have been convicted under Sections 161 or 161/149, IPC and sentenced to life imprisonment. They have further been convicted under Sections 460 or 460/149 IPC and sentenced to three year's R.I., under Section 148 IPC and sentenced to one year's R I. and under Section 147, IPC but no separate sentence has been awarded to them, by the learned Addl. Sessions Judge No. 1, Jodhpur on 14 -12 -1976. One joint appeal has been filed by all the five appellants against their convictions and sentences being D.B. Criminal Appeal No. 49/77. Two separate jail appeals have also been filed by Mahadeo and Mansha Ram being D.B. Criminal Appeals No. 66/77 and 67/77 respectively. The three appeals are, therefore, being disposed of by a common judgment.

(2.) THE facts of the case briefly stated are these. It is alleged that on 23 -9 -1975 in the night the five accused formed an unlawful assembly with the common intention of murdering Bhura Ram and Pancha Ram and in furtherance of that common object they went armed with swords, Dhariya and Lathis to Khatiyon -ki -khatod in village Basani Hari Singh and murdered Bhura Ram there Later, they proceeded to the 'Bada' of Pancha Ram where Pancha Ram was sleeping on a cot and inflicted injuries on him resulting into his death One Jabbar Singh is alleged to have seen the first incident and had informed Mehram of it and Neni daughter of Pancharam who was an eye witness to the Second incident narratted it to Dayalaram, who immediately reached there on hearing her cries and who had taken Neni to Mehram and informed Mehram about it, whereupon Mehram lodged the First Information Report of this incident which had taken place about mid -night at police station Pipar 11:30 am on 24 -9 -1975. The police Station is 42 Kms away from the place of the occurrence. The case was registered. The police reached the place of incident Shri Avtar Singh, SHO Police Station Pipar, who was at that time at Jodhpur in connection with official duty also reached the spot on hearing that murder had taken place at Basni along with Madan Lal Sharma ASP. After usual investigations the police put up a challan against the five accused persons, who were committed to the court of Sessions, Jodhpur and from where the case was transferred to the learned Addl. Sessions Judge No. I Jodhpur. The learned Additional Sessions Judge framed the charges regarding the aforesaid offences against the accused who denied the same and claimed to be tried. Whereupon the trial started and the prosecution examined as many as 20 witnesses. One Sanwaldas, Head Constable, who had already been examined as a prosecution witness was again examined as a court witness. A number of documents were also produced. The accused were examined. They maintained their denial of participation into alleged incident and produced six witnesses in defence. On conclusion of the trial, the learned Addl. Sessions Judge convicted and sentenced the accused persons as aforesaid.

(3.) THE fact that Bhuraram and Pancharam had died on account of the injuries received by them in the night of 23 -9 -1975 and that the injuries were sufficient in the ordinary course of nature to cause the death has not been disputed before us by the learned Counsel for the appellants. The post mortem report and the statement of Dr. J.S. Choudhary in this respect has not been challenged. According to Dr. J.S. Choudhary the following injuries were found on the person of Pancharam: