INGI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Sessions Judge, Bikaoer dated 10 -11 -1981 whereby he has convicted all the 13 accused appellants under 302, 325, 324, 148 and 147 IPC and sentenced them to life imprisonment, one year's rigorous imprisonment and fines. Aggrieved against the aforesaid judgment, the accused appellants preferred the present appeal.

(2.) THE facts giving rise to this case are that on 3 -2 -1980 at about 11 a.m. a First Information Report Ex. P 10 was filed at police station, Nokha by PW 2 Kumbh Singh. It was stated there in that in viliage Sindhu accused Roopa Ram Nai and his six brother reside there and they have active animosity with them. About 4 -5 days before their children and children of Roppa Ram Nai fought over water issue. On 2 -2 -1980 at 5.30 p.m. he along with his brother Deep Singh came from Bikaner by bus. When they alighted from their bus and were going to their house the luggage was taken away by the children and they were taking among themselves while going to their house, all the three brothers, he along with his brothers Deep Singh and Khiv Singh heard a commotion and they turned to see and they found that from the house of Had Kishan Nai, Roopa Ram, Ingiram, Chhikiram, Rati Ram, Hari Kishan and Roopa Ram's sons Bajrangram, Gneshram, Ramlal and Chhiki Ram's sons Prahladram and Shankerlal and Ingiram's son Sunderlal and Dhanna Ram's sons Pooranram and Chandaram came surrounded them. Thereafter, they started beating to them. It is further alleged that Ingiram, Ratiram and Chhikiram were armed with Sailas, Bajrangram, Harikishan, Puranram were armed with Barchhis and rest of the accused persons were armed with lathis. All these accused persons jointly assaulted them. It is alleged that all the three brothers were assaulted with an intention to cause death and Puran Ram assaulted Khiv Singh on his head by Barchi, Ingi Ram and Chhiki Ram hit his brother Deep Singh with Saila as a result of Which both of them fell down on the ground. Shanker Lal beat him with lathi on his right hand as a result of which he received a fracture. Thereafter, all the remaining accused persons had beaten Deep Singh and Khiv Singh with lathis, Barchhi and Saila when they were lying on the ground. He cried for help and Bane Singh came there to rescue them. He also received injuries. Roopa Ram Bishnoi, Bhanwar Singh along with some more persons of the village Came to rescue them. Thereafter, all the accused persons returned to their house. He ran to look after his fallen brothers Khiv Singh and Deep Singh who were lying on the ground, they were unconscious and lying in a pool of blood. Thereafter a camel cart was brought and both the injured brothers were put in the cart for the Police Station but on the way both of them died. On the basis this First Information Report, a case under Sections 302, 325, 323, 147, 148 and 149, IPC was registered. The police completed the necessary investigation and after close of the investigation a challan was filed against all the 13 accused persons under the aforesaid sections and the accused were sent for trial before the learned Sessions Judge, Bikaner.

(3.) AGGRIEVED against this, the accused appellants filed the present appeal.