TIKURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4-4-1981 passed by the learned Sessions Judge, Churu in Sessions Case No. 13/79 whereby he convicted the appellants as follows :-

(2.) The prosecution case, unfolded in the statement of Sharvan dated 7-12-1978, was that his father Phoosaram was returning from their field to his house, and he was following him at a distance of 50 'Pavandas'. As his father reached in front of the door of the house of Rameshwar Jat Bhika, Tiku, Rawat Ram and Ladu Ram came out of the house, and caught hold of his father and took him dragging in the 'Pol' where Bhera, Bhika and Mala Ram Jat were also sitting. As he went there, he was threatened by the accused that if he entered the house he would be killed. The accused closed the door of the 'Pol' and started giving beatings to his father. He heard the cries of his father who was imploring not to beat him. He shouted for help but nobody came to his rescue. After sometime, the seven accused came out of the house dragging his father and dropped him in the street and went away towards the house of Ladu Ram. At that time Rawat had a 'Gandasi'; Ladu had a 'kulhari' and the other accused had lathis in their hand. After the accused went away, he and Ramchander went to his father, who was lying in the pool of blood. His father told him that the enemies had cut him and his chest had been broken, and then he died. On this report, a case under Sections 147, 148, 342 and 302, I.P.C. was registered. The post-mortem examination was conducted by Dr. P. N. Bhatnagar, P.W. 4 on 8-12-1978. After the completion of the investigation, seven accused were challaned.

(3.) Charges under Sections 148, 302/149, I.P.C. and 342, I.P.C. were framed against all the seven accused who pleaded not guilty. The prosecution examined 9 witnesses. The trial Court examined two persons as Court witnesses. Accused in their statements under Section 313, Cr. P.C. denied accusation. They examined eight witnesses including one doctor. After hearing the arguments, the learned Sessions Judge held that Phoosaram had met homicidal death. He further held that seven accused were the persons who had inflicted injuries to Phoosaram. He, therefore, convicted and sentenced them as above.