MOOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated July 31, 1982, the learned Sessions Judge, Churu convicted and sentenced the appellant Moola Ram and Loonaram as under: S.N. Name of accused offence Under Section Sentence awarded(1) Moolaram 302, I.P.C. Imprisonment for life with afine of Rs. 50/ - in default ofthe payment of fine to furtherunder two months' R.I.(2) Loona Ram 325, I.P.C. Two years RI. with a fine ofRs. 50/ -, in default of thepayment of fine to furtherundergo two months likeimprisonment 323, I.P.C. Six months rigorous impri -sonment. Substantive sentences of appellant Loonaram were directed to run concurrently. The appellants have filed this joint appeal and challenge their conviction.

(2.) BRIEFLY recounted, the prosecution case is that the deceased -victim Khetdas Swami bad purchased a field measuring 33 Bighas from one Gajanand, situate in Rohi Pansisar P.S. Bavipura district Churu. He was in possession of it and was cultivating it at the relevant times in July, 1981. At about 9.00 a.m. on July 11, 1981, Khetdas and PW 3 Sugnaram Jat were there in the aforesaid field and were talking to raise some constructions there in. The appellants accompanied with Tulsaram and Khinyaram came there. Loonaram had a Kassi while the remaining three had lathis. They made an assault on Khetdas and Sugnaram. Accused Loonaram struck blows with the reverse side of his Kassi on the hand and back of Sugnaram. Sugnaram fell down. They, thereafter, struck blows with their weapons to Khetdas. Both the victims raised cries, hearing which PW 1 Cholaram Jat and PW 4 Loonasingh, who were working in their fields nearby, rushed to the spot. On their arrival, the four miscreants left the field. Khetdas succumbed to the injuries and passed away instantaneously on the spot. Cholaram and Loonsingh took Sugnaram to his house, from where he was taken in a camel -cart to the Police Station, Bhanipuram, where they reached at about 12 30 p.m. in the noon of the same day and verbally lodged report of the incident. The police registered a case under Sections 302, 447 and 323, I.P.C. against Loonaram, Tulsaram, Moolaram and Khinyaram. The Station House Officer Jainarain Singh (PW 10) arrived on the spot and inspected the site. The dead body of Khetdas was lying in the field. He prepared the inquest report and the Panchnama of the dead body. The post -mortem examination of the victim's dead body was conducted on July 12, 1981 on the spot by PW. 11 Dr. Faujdar the then Medical Officer Incharge, Government Hospital, Sardarshahar. He noticed the following injuries on the victim's dead body:

(3.) MR . Gaur did not challenge the opinion of PW 11 Dr. Faujdar relating to the cause of death of Khetdas and number and nature of injuries sustained by the injured witness Sugnaram PW 3. We have also gone through the statement of doctor Faujdar and find no reasons to distrust his opinion. The death of Khetdas was homicidal. PW 3 Sugna Ram sustained two injuries, one of which was simple and the other grievous.