ACHLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal Achla Ram has assailed the judgment passed by learned Sessions Judge, Merta on 27-2-81 whereby he convicted Achla Ram under Section 302 IPC and sentenced him to undergo imprisonment for life and pay a Fine of Rs. 500/-. Achla Ram was also convicted under Sec. 452 IPC and sentenced to undergo imprisonment for two years R. I. and pay a fine of Rs. 100/-. Both the substantive sentences were ordered to run concurrently.

(2.) The case relates to an occurrence which took place in "Deval" (religious place) situate in the town of Merta in which Moda Ram sustained injury by a sharp edged weapon known as "Jharbur". The prosecution case is that deceased Moda Ram lived in a room in the "Deval" and accused Achla Ram also lived in another room there. In the F.I.R. Ex. P-6 lodged by P.W. 7 Ramkishore it was stated that for two days there was dispute between Achla Ram and Moda Ram on the disconnection of electricity and that on 29-6-80 at about 12 when he was talking to Moda Ram in the "Deval" where Kimat Ram and Bhola Ram were also sitting, accused Achla Ram went there. There was exchange of hot words between deceased Moda Ram and accused Achla Ram. He intervened and sent accused Achla Ram outside but after some time Achla Ram, all of a sudden, came there having "Jharbur" in his hand and inflicted blow on the head of Moda Ram and when he tried to inflict second blow he (Ram Kishore) pushed him aside and thus Moda Ram escaped major injury yet he sustained an injury on his left shoulder. On this report which was lodged at 3.30 p.m. on the day of occurrence, a case under Section 452 and 307 IPC was registered. Moda Ram was shifted to the hospital where his injuries were examined by Dr. Bhom Singh, P.W. 1. He however advised shifting of Moda Ram to Ajmer hospital as his condition was serious. Moda Ram was admitted in Ajmer hospital on the same day but he succumbed to the injury on 1-7-80. Autopsy was held by Dr. B. K. Mathur, P.W. 2. The police inspected the site, interrogated the witnesses and arrested the accused on 5-7-80. On the information given by the accused "Jharbur" was recovered from his house on 9-7-80. This "Jharbur" was sent for chemical examination to the Forensic Science Laboratory from where it was reported that "Jharbur" was stained with blood but the origin of the blood could not be determined as blood stains were disintegrated. After the completion of the investigation a challan was filed.'

(3.) Accused was charged with offences under Sec. 452 and 302 IPC. He pleaded not guilty. The prosecution examined 9 witnesses. Out of them P.W. 7 Ram Kishore is the first informant. Though according to the facts narrated in the F.I.R. he was eye witness to the occurrence, but he turned hostile. P.W. 8 Kimat Ram alleged eye-witness has also resiled from his earlier statement. P.W. 5 Sugan Puri has deposed to have seen the occurrence. P.W. 6 Mst. Nathi mother of Sugan Puri has stated that her son had informed her when she was sitting at the house of Bishnoi that Achla Ram had inflicted blows by "Jharbur" to Moda Ram. P.W. 1. Dr. Bhom Singh had examined injuries of Moda Ram on 29-6-80 and had prepared injury report Ex. P-1. P.W. 2 Dr. B. K. Mathur had prepared the post-mortem report Ex. P-2 on 1-7-80. P.W. 3 Bankelal had prepared the inquest memo at Ajmer. P.W. 4 Kanaram was associated as Motbir in the investigation. P.W. 9 Ram Kishan had conducted the investigation of the case. Accused in his statement under Sec. 313 Cr. P.C. denied accusation. He did not examine any witness in defence.