MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAM Ratan (deceased) was the husband of Dropadi Bai (P. W. 8 ). As per the prosecution story Tara Chand and his two sons viz. Mohan Lal and Kalyan (appellants herein) committed murder of RAM Ratan and inflicted injuries on the person of Dropadi Bai but according to defence version Dropadi Bai had illicit relations with Chhitar Lal (P. W. 7) and while they were making love, RAM Ratan suddenly appeared and gave blows with Ballam (spear) to Dropadi Bai. Chhitar Lal then inflicted injuries on the person of RAM Ratan and killed him. Since the appellants had seen the incident they were implicated falsely and put to trial before learned Additional Sessions Judge (Fast Track) No. 2 Baran Head Quarter Chhabra, who vide judgment dated November 20, 2003, convicted and sentenced them as under:- U/s. 302/34 IPC: Each to undergo imprisonment for life and fine of Rs. 1000/- in default to further suffer two months simple imprisonment. U/s. 323/34 IPC: Each to undergo one year rigorous imprisonment and fine of Rs. 500/- in default to further suffer one month simple imprisonment. U/s. 324/34 IPC: Each to undergo three years rigorous imprisonment and fine of Rs. 500/- in default to further suffer one month simple imprisonment. The substantive sentences were ordered to run concurrently.

(2.) ON September 25, 2001 informant Dropadi Bai (P. W. 8) submitted a written report (Ex. P-14) at Police Station Chhipa Barod to the effect that their field situated on the path way of Bawri of Bammori Ghata near the field of Tara Chand, who used to quarrel with them for the use of pathway. ON the said day around 7 PM while the informant and her husband Ram Ratan were on their field and digging peanuts and Chhitar Lal was grazing goats nearby. Tara Chand, Kalyan and Mohan came over there. Tara Chand had axe, Kalyan had Khalla (lakri) and Mohan had Khuntia. They made assault on Ram Ratan. Kalyan inflicted blow with Khalla on his head as result of which he fell down, thereafter all started inflicting blows on his person. When she tried to save him Kalyan gave khalla-blow on her left hand, Mohan gave blow on her left shoulder. Blows were given by the assailants on her legs and back. Ratan was removed to hospital, where he was declared dead. ON that report case under Sections 302 and 323/34 IPC was registered and investigation commenced. Statements of witnesses under Section 161 Crpc were recorded accused were arrested necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2 Baran Head Quarter Chhabra. Charges under Sections 302, 323 and 324/34 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 17 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. ONe witnesses in support of defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) CHHITAR Lal (P. W. 7) deposed that around 7 PM while he left the field for the home he saw Tara Chand, Kalyan, Mohan and Ram Ratan quarreling. Tara Chand gave axe blow on the head of Ram Ratan, Mohan inflicted blow with Khalla whereas Kalyan caused injuries with Kuntia on the person of Ram Ratan. Dropadi Bai wife of Ram Ratan was also given beating by the assailants. He (CHHITAR Lal) put bandage with Safi on the head of Ram Ratan. He then called Radhey Shyam and Ram Ratan was removed to the Hospital in the Tractor of Ram Narain Mali. Where Ram Ratan was declared dead. In the cross examination suggestion was given to CHHITAR Lal that on the date of incident Ram Ratan had seen Dropadi and CHHITAR Lal in the illicit state therefore CHHITAR Lal inflicted injuries with Ballam (spear) on the person of Ram Ratan. CHHITAR Lal denied this suggestion.