PURKHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The abovementioned two appeals have been directed against the judgment passed by the learned Sessions Judge, Jodhpur on 6th August, 1980 whereby he convicted accused Purkha Ram, Sukh Ram, Bhanwarlal, Geega Ram and Mangilal under Sections 147 and 304, Part II, I.P.C. and sentenced each of them to undergo two years imprisonment under the first count and 4 years' rigorous imprisonment under the second count. Both the sentences were ordered to run concurrently. Accused have preferred Appeal No. 359/80 questioning their conviction. The State of Rajasthan has filed Appeal No. 353/81 challenging the acquittal of the accused under Sec. 302, I.P.C. Since both the matters have arisen out of one and the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) The case relates to an occurrence which took place on 29th August, 1979 at about 1.30 p.m. on village Anawas in which Mohan Ram Bawari sustained injuries and he died after some time. The prosecution case as unfolded in the FIR Ex.P/4 lodged by Hema Ram, brother of the deceased, was that he was informed by his brother Girdhari that Mohan had been beaten by Mangia, Pukhiya, Bhanwarlal, Geega and Sukhram by lathis in the field of Mohan Ram and the accused have taken away Mohaniya, and that the occurrence was witnessed by Ram Singh and Shiv Ram. After preliminary interrogation, the police registered a case under Secs. 323 and 364, I.P.C. When the police reached the spot, dead body was found lying near a 'Nadi' on which the police converted the case into Sec. 302, I.P.C. Inquest was also held, site inspection was made, witnesses were interrogated and accused were arrested. The post-mortem examination was conducted on 30-8-79 by Dr. N. R. Bhandari (PW 7). After the completion of usual investigation, the police submitted charge-sheet against the accused persons.

(3.) Charges under Secs. 147 and 302, in the alternative, 302/149 and 201, I.P.C. were framed against all the five accused who pleaded not guilty and claimed a trial. The prosecution examined 13 witnesses. Accused in their statements under Sec. 313, Cr. P.C. denied accusation. They stated that they have been falsely implicated in this case. Accused did not lead evidence in defence. The learned Sessions Judge heard the arguments of both the parties. He held that Mohan Ram had met homicidal death. He further held that accused were the persons who had inflicted lathi blows to Mohan Ram. According to him the accused had not intended to cause the death of Mohan Ram. Holding that the accused had the knowledge that by their act they would be causing the death of Mohan Ram, he convicted all the accused under Sec. 304, Part II, I.P.C. besides Sec. 147, I.P.C. Accused were acquitted under Sec. 201, I.P.C.