RIDMAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Sessions Judge, Jodhpur dated 31 -7 -1982, whereby the learned Sessions Judge has convicted the accused appellants Ridmal Singh, Bhakariya, Bhinya Ram, Jabaria, under Sections 302 read with Sections 149, 447, 148 and 323 IPC and sentenced them to life imprisonment under Section 302 read with Section 149 with a fine of Rs - 1000/ - and in default of payment of fine to one year's rigorous imprisonment, one month's simple imprisonment under Section 447, six months rigorous imprisonment and a fine of Rs. 100/ - under Section 148 and two months' rigorous imprisonment under Section 323 IPC. Accused appellants Hari Ram and Mohan Ram were also convicted under Section 302 read with Section 149 and sentenced to life imprisonment with a fine of Rs. 1000/ - and in defualt of payment of fine to further undergo one year's rigorous imprisonment under Section 447 one month's simple imprisonment; under Section 147 two months' rigorous imprisonment and under Section 323 two months' rigorous imprisonment. All the sentences are directed to run concurrently.

(2.) HOWEVER , the learned Sessions Judge acquitted accused Shiv Ram and Sawai Ram.

(3.) THE facts giving rise to this case are that in the Gram Panchayat Udliawas under the famine relief operations a road was being constructed. At 4.30 p.m. Bhiksingh (PW 2) was standing before the gate of Rajputs houses where the hand pump was being dug. Modaram and Dhanaram came running and informed that Mallaram had gone on famine works in a drunken condition with a sword and has picked a quarrel. The stones are being thrown at that place and there is a likelihood of blood -shed. Bhikhsingh told Madansingh and Jabarsingh that they should proceed to the site and he was going to the police station to bring police on the scene. He reached to the police station at 5 30 -5.45 p.m. PW 3 Malukaram, Station House Officer, Bilara reached Udliawas and there he found the dead body of deceased Mallaram is lying on bis well. He received number of incised wounds and they were bleeding. There, PW 1, Birma Ram submitted a written report Ex. P 1. He disclosed in this report that in the village there is a field bearing Khasra No. 1018 measuring 2 bigha 4 biswas and another field bearing Khasra No. 1021 measuring 4 bigha 6 biswas. On 20 -6 -1981 Ridmalsingh threatened to take possession of these fields. He approached the father of Ridmal Singh namely Umedsingh, but without any result. Likewise, he approached some other villagers but no body came to his rescue. When he along with Mallaram, Motilal and Achaluram were going towards their house at that time Ridmal Singh, Umedsingh, Bagaram, Bhinwada, Devaram, Haria, Jabaria, Bhakaria, Mohania and Sawaida by caste Bawri and Shivram came there. Bhinwada was armed with Kawadia, Bhakaria was armed with Kawadia. Hardeva was armed with Padi. Jabaria had a pharasi, Shivram was armed with Bewda, Ridmalsingh was armed with Sword, Haria was armed with Lathi, Balwanta was armed with Lathi and Umedsingh was also armed with Lathi. They came to their house and gave a severe beating to Mallaram. He tried to intervene then he was told to keep mum. Thereafter, Ridmal Singh Haria, Jabaria and Bhakaria belaboured deceased Mallaram. While he was going to make a report to the Police Station, Bilara he was prevented from going to the police station. Meanwhile PW 3 Malukaram arrived at the scene and took up the investigation. The body of the deceased was seized, a site inspection memo was prepared and the written report which was given by Birmaram was sent through F.C. Nandram at the police station. On that basis the FIR was registered. Thereafter, Pratapsingh PW 19 came on the scene and further investigation, was taken up by him. After close of the investigation 8 accused persons were challaned. The prosecution examined about 19 witnesses and got 61 documents exhibited. The learned Sessions Judge after due trial found the six accused persons guilty and convicted and sentenced them as aforesaid and acquitted the two accused persons. The six accused appellants have preferred this appeal against their aforesaid conviction and sentence before this Court.