MOHAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Sessions Judge, Churu dated November 25, 1980 convicting the four appellants Chhotu Ram, Mohan Ram, Sohan Ram and Ratna Ram under Sections 302/34, 325/34 and 448, IPC and sentencing each of them to imprisonment for life with a fine of Rs. 500/ -, on the first count, two years rigorous imprisonment with a fine of Rs. 500/ - on the second count and three months' simple imprisonment on the last count. Substantive sentences were directed to run concurrently.

(2.) SUCCINCTLY stated, the prosecution case is that the appellants are the real brothers of PW 2 Tulsa Ram. PW 1 Gelu Ram is the son and PW 4 Smt. Nathi is the wife of Tulsa Ram. The parties are residents of village Gaajsar P.S. Churu. Tulsa Ram purchased an agricultural field long ago and was cultivating it. The appellants demanded a share in it and Tulsa Ram refused to oblige them. This sowed the seeds of discordance between him and the appellants The appellants started interfering in Tulsa Ram's possession over the field. Tulsa Ram thereafter sold that field to the deceased Panna Ram, nearly two years before the incident. This sale further aggravated the relations between the appellants and Tulsa Ram They did not stop their unlawful activities and continued to interfere in Panna Ram's possession over the field. Panna Ram filed a complaint under Section 447, IPC against them in the Court of the Munsif and Judicial Magistrate, Churu. They all were convicted under Section 447, IPC on September 7, 1979 by the Munsif -cum -Judicial Magistrate, Churu vide his judgment dated September 7, 1979 (Ex. P. 36). The conviction further fanned the fire.

(3.) OR . Mathur also examined the injuries found on the person of Tulsa Ram and noticed the following: