SAWAI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of the judgment dated 30.11982 passed by the Additional District & Sessions Judge, Rajsamand, by which the learned Additional Sessions Judge convicted appellant Sawai Ram for the offences under sections 302 and 324 I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs. 100/- and in default of payment of fine further to undergo one months rigorous imprisonment for the offence under section 302 I.P.C. and one years rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine further to undergo one months rigorous imprisonment for the offence under section 324 I.P.C. Accused-appellant Lahru was convicted for the offences under sections 302/34 and 323 I.P.C. and was sentenced to undergo imprisonment for life and a fine of Rs. 100/and in default of payment of fine to further undergo one months rigorous imprisonment for the offence under section 302/34 I.P.C. and three months rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine further to undergo one months rigorous imprisonment for the offence under section 323 I.P.C. Since both these appeals arise out of the same judgment and relate to the same incident, they are therefore, being disposed of by this common judgment.

(2.) Appellants Sawai Ram and Lahru, along with seven other accused, were tried by the learned Additional Sessions Judge, Rajsamand for committing the murder of Jai Ram in the out-skirts of village Khatukda. The case of the prosecution was that in the morning of 25-12-1978, deceased Jai Ram and PW-I Shambhu Lalleft their village Khatukda and were going to police station, Railmagra to lodge the report against the accused party as they were not allowing them to irrigate their field through the well wherein they have sown the crop of Rizka. When they reached near Baldiya Nadi, Sawai Ram and Lahru met them and enquired from them where they were going: upon which Jai Ram replied that as you are not allowing them to irrigate their field from the well, they are, therefore, going to lodge the report against them at the Police Station. Meanwhile Ganesh, Mathura, Miya Chand, Gokul Gujar, Han Ram Gujar, Madhu and Sri Ram, armed with Lathis, came there and exclaimed not to allow them to run and kill them. On this Lahru and Sawai Ram left their bicycles, untied the Kulhari from the bicycle and started beating him with Kulhari (Tabbal). Lahru grappled with Shambhu. Jai Ram. on receiving the injuries, fell down on the ground and when Shambhu tried to run away. Sawai Rani inflicted injury to him by the Kulhari on the shoulder. Lahru also inflicted injury by the Lathi on the back of Shambhu. Shambhu Lal ran towards the village and informed the villagers about the incident. On hearing the cries, Nana Lal, Dali Chand and Lahru s/o Jiwana (PW-19) also came there. Appellant Sawai Ram was tried for the offences under sections 302 and 324 I.P.C.; Lahru was tried for the offences under sections 302/149 and 323 I.P.C. while the remaining seven accused were tried by the learned Additional Sessions Judge for the offences under sections 302/ 149, 324/ 149 and 323/149 I.P.C.

(3.) The accused denied the prosecution case and submitted that they have been falsely implicated in. the crime. The case of accused Sawai Ram, in defence as per his statement recorded under section 313 Cr. P.C, was that on 25-12-1978 in the morning, he along with Lahru, was going on bicycles from village Khatukda to village Sansara. When they were on their way leading to village San sara and reached near Baldiya Nadi, deceased Jai Ram. Shambhu, Nana, Mangu. Dali Chand and Lahru sb Jiwana (PW-13), who were armed with Kulhari and Lathis and hidden themselves behind the Northern fencing of the field of Rama Bhura Regar, came from the hiding place, surrounded them and Jai Ram, who was armed with the Kulhari, inflicted injury to him by that Kulhari. The other accused also inflicted injuries to him. He tried to save himself and snatched the Kulhari from Jai Ram and in the right of private defence of person he inflicted one injury by that Kulhari to Jai Ram who after receiving the injury fell down and when the other persons were taking care of Jai Ram he took the liberty and fled away and thereafter he went to the police station and lodged the report at 9.30 a.m. When he was giving beatings, accused Lahru requested the assailants not to assault Sawai Ram, whereupon Nanu. Shambhu and PW-19 Lahru inflicted injuries with Lathis to accused Lahru and Lahru ran away towards village Khatukda to save himself from further beatings.