RAMKARAN Vs. STATEOFRAJASTHAN

JUDGEMENT

(1.) RAMKARAN, Raghuveer, Sultan and Rajendra (appellants herein) were put to trial before the Additional Sessions Judge, Fast Track No. 2, Jhunjhunu who vide judgment dated February 8, 2006 convicted and sentenced each of the appellants as under: u/s. 148 IPc to suffer rigorous imprisonment for two years and fine of Rs. 50/-, in default to further suffer simple imprisonment for seven days. u/s. 365 IPc to suffer rigorous imprisonment for three years and fine of Rs. 50/- in default to further suffer simple imprisonment for seven days. u/s. 302/149 IPC, to suffer imprisonment for life and fine of Rs. 50/-, in default to further suffer simple imprisonment for seven days. All the sentences were ordered to be run concurrently.

(2.) BRIEFLY stated, the prosecution cased is that the informant Ghasi Ram resident of village Hanutpura lodged a report on August 21, 2004 at about 4. 15 A. M. at police station Baggar, District Jhunjhunu wherein he stated that about three months back, his younger brother Vidhyadhar got a cow sold by Ramkaran to Banwari Lal for Rs. 11,000/ -. Ramkaran had told Vidyadhar that he would be charging the sale amount from him instead of Banwarilal. The said amount could not be paid by Vidhyadhar and hence Ramkaran's family was harbouring a grudge against him. A day before the incident, Vidhyadhar had gone to repair motor of their well at village Lalpur and there he was beaten at the Bus Stand by Rajendra. However, no report of the said incident was made to police as the matter was likely to be solved through community Panchayat. On August 20, 2004 at 7. 00 P. M. , the informant had gone to Ramkaran to complain about the said incident. The informant was talking to Ramkaran who was standing in `johada', suddenly Sultan, Rajendra Vijay and Raghuveer came armed with `lathis' and exhorted to kill him. So, the informant ran toward his field. By then, Tarachand came there hearing the noise, he was beaten and dragged by all the five persons including Ramkaran and they took Tarachand to the house of Ramkaran leaving behind the trail of blood and`chappals' on the way. Later on in the night, on being informed by the police, he went to B. D. K. Hospital, Jhunjhunu where his brother Tarachand was admitted. Tarachand was having injuries on head, ribs and other parts of th body. On being enquired, Tarachand told him that he was inflicted `lathi' blow on head by Rajendra, on both the ribs by Raghuveer and Ramkaran and on his back by Vijay. Tarachand also informed that he was taken at the house of Ramkaran, there Hari Singh and Hanuman Singh came on hearing cries and asked to spare him but he was not released though they assured for the sale price of the cow to them, and then he was admitted in the hospital by the police. On this report, a case u/s. 365, 307, 147, 148, 149 and 323 IPC was registered and the investigation commenced.

(3.) DECEASED Tarachand was examined for his injuries before death by Dr. Pratap Singh (PW. 15) vide Ex. P. 32, who found the following injuries on his body: 1. Lacerated wound 4 cm x 1 cm x 1/2 cm left tempoparietal region of head. 2. Diffuse swelling with bruise 10 cm x 3 cm left side of chest. 3. Diffuse swelling with tenderness above side of abdomen.