LICHHMAN RAM Vs. STATE

JUDGEMENT

(1.) The appellant Lichhman Ram, on commitment by the Judicial Magistrate, was tried by the Addl. Sessions Judge, Raisinghnagar for the offences under sections 301, 201 and 404 I.P.C. concerning the murder of Panna Ram son of Smt. Jamna (P.W.4) widow of Jawahara Ram of Chak 3 LPM, Tehsil Raisinghnagar, District Ganganagar and was, by his judgment dated Sept. 11, 1981, convicted and sentenced to imprisonment for life under section 302 I.P.C. and acquitted for the offences under sections 201 and 404 I.P.C.

(2.) Jawahara Ram, husband of Smt. Jamna P.W. 4, died sometime in or about the year 1971 leaving behind him his widow Smt. Jamna, three daughters and a son deceased Panna Ram Jawahara Ram also left 24 bighas of agricultural land bearing Square No. 264/359 (Killa Nos. 1 to 25) in Chak 3 LPM in tehsil Raisinghnagar of District Ganganagar. The appellant is son of Manglaram who was younger brother of Jawahara Ram. The residential 'dhanies of jawahara Ram and his younger brother Mangla Ram stood on a portion of agricultural land of Jawahara Ram comprised in Square No 264/359, After the death of Jawahara Ram, his younger brother Mangla Ram and the appellant cultivated the aforesaid agricultural land left by Mangla Ram as share-cropper of Smt. Jamna was a widowed lady and her son Panna Ram was just a minor child unable to cultivate the land It appears that Mangla Ram and his son (appellant) stopped giving to Smt. Jamna the share of the crop and started creating trouble On Aug. 2, 1979 Smt. Jamna filed a complaint under sections 107 and 116 (3) Cr. P. C. before the Sub-Divisional Magistrate, Raisinghnagar complaining against acts and gestures of breach of peace on the part of Mangla Ram and the appellant. As a result of mediation, however, of the Panchas of the village, a compromise Ex. P 13 was arrived at on Aug. 10, 1979 between Smt. Jamna and Mangla Ram and the appellant and the criminal complaint was got consigned to the record in pursuance of the compromise.

(3.) On Oct. 14, 1980 Mst. Jamna had gone to the field of Dhanpat Ram Chaudhary to extract out cotton from cotton-ball leaving her two unmarried daughters and her son Panna Ram at her residential 'dhani', At about noon, her daughter Phooli came to the field of Dhanpat Ram Chaudhary where Smt. Jamna was working and told the latter that the child Panna Ram aged about 9 years was not at the dhani and was missing. Smt. Jamna came back from the field to her house along with Phooli. She could not find Panna Ram despite all possible search. She had also enquired from the appellant about the whereabouts of Panna Ram but the appellant expressed complete ignorance. Smt. Jamna also went to the field of her relation Sadula Ram P.W. 3 and both of them continued the search of Panna Ram till midnight but with no result. It is alleged that on the morning of next day i.e. Oct. 1.5.1980, the appellant informed Smt. Jamni, Sadula Ram P.W.3 and Jetha Ram P.W. 7 that the dead body of Panna Ram was found floating in the canal near Sardaron Ki Dhani flowing on the east of mauza chak 2 LMP LMP. Sadula Ram P.W 3, Modu Ram P.W. 6, Jetha Ram P W. 7, Sadak Ali P W. 8. Ranejeet Singh P. W. 9 and Dhanpat Ram went together to the canal there was four or five inches deep water in the canal and dead body of Panna Ram was floating in the canal. These village people sent Sadula Ram P.W. 3 to the police station to make a report Sadula Ram P.W. 3 went to the police station, Raisinghnagar and lodged a report Ex.P 3. According to the prosecution, Sadula Ram P.W. 3, after lodging the report Ex. P 3. came back to the canal and on his return, he was told by Dhanpat Ram that he himself and other village people i.e. Modu Ram, Jetha Ram Ranjeet Singh and Sadak Ali had taken the appellant aside and told to the appellant that Panna Ram had gone with him in the field in which bajra crop was growing and what was the real truth about the incident. The appellant, it was stated, confessed before these people that he had himself strangulated Panna Ram in bajra crop field and had thereafter thrown the dead body in the canal. The appellant is said to have pleaded before the village people to save him. Ummed Singh, 8. H. O., Police Station, Raisinghnagar went to the spot. He got the dead body of Panna Ram taken out from the canal and prepared the inquest report Ex. P 10. Dr. Om Prakash Somani was called for by the S. H. O., Police Station, Raisinghnagar and the doctor examined the dead body of Panna Ram and conducted its autopsy. Dr. Om Prakash Somani gave the postmortem report Ex. PI. According to the report of the doctor, the cause of death of Panna Ram was "as-phyxia due to throttling of the child Ummed Singh registered a case under sections 302 and 201 I.P.C. on Oct. 16, 1980 at 1.00 A.M. The appellant had been arrested under the arrest memo Ex, P 9. while in custody of the Police, the appellant is stated to have given information to the Police about a flower-type silver piece with image of "Hanumanji" engraved on it which Panna Ram was wearing around his neck before being strangulated and the same was recovered on the basis of this information from the residential kotha of the appellant on the Square of agricultural land in 3 LPM and seized under the seizure memo Ex P7. After necessary investigation, the police filed a charge-sheet against the appellant in the court of Judl. Magistrate, Raisinghnagar for offences under sections 302, 201 and 404 I. P. C, The Judicial Magistrate by his order dated Jan. 2, 1981 committed the appellant to the Court of Sessions and the Additional Sessions Judge, Raisinghnagar convicted and sentenced the appellant as aforesaid on Sept. 11, 1981. The appellant has come up in appeal to this Court.