GOMA RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants were tried for committing offence under Section 302 read with Section 149, 148 and 341, IPC in respect of an incident alleged to have taken place on 17.3.1984 at about 7 a.m. in village Sinod in which one Gumana Ram received numerous injuries and ultimately died on 19.3.1984. All the accused were convicted after trial by the court of Addl. Sessions Judge, Nagaur in Criminal Case NO.50/84 vide judgment and order dated 6.4.1987. All the accused were sentenced to life imprisonment under Section 302/149 IPC with fine of Rs.500/- and in default thereof, three months R.I. All the appellants were further convicted and sentenced under Section 148, IPC and sentenced under Section 148, IPC and sentenced to undergo three months' R.I. and fine of Rs.200/- was imposed upon each of the appellants and in default thereof, to undergo one month's R.I., under Section 341,IPC, all the accused-appellants have been sentenced to undergo one month's R.I. and fine of Rs.100/- each and in default thereof, to undergo 15 days R.I.

(2.) The appellants have challenge the conviction and sentences passed against them by the trial court vide judgment and order dated 6.4.1987 by preferring this appeal.

(3.) As per the prosecution case, Gumana Ram s/o Salag Ram along with his brother Mohan Ram were going from village Sinod to their village houses in the Dhani on 17.3.1984 in the morning and when they reached near western side of the village, accused Harsukh, Prahalad,Balde, Narayan, Shanker, Sarwan, Om, Hadman,Goma Ram and others attacked with Farsa, Knife and lathis. Mohan immediately ran away and saved his life and reached to the village shouting that his brother Gumana Ram is being killed. About 10-15 persons from the village, along with one Hema Ram, rushed towards the place of incident but by the time they reached to the place of incident, all the accused persons already ran away as the accused persons believed that Gumana Ram has already died. The villagers, including Hema Ram, found Gumana Ram lying with several injuries of knife etc. He was bleeding and his one leg was already cut. The victim Gumana Ram was not in senses.The villagers including Hema Ram took Gumana Ram for treatment to Nagaur but condition of Gumana Ram was too serious, therefore, the doctor at Nagaur referred the matter to Jodhpur Hospital, upon which Guramana Ram's brother Mohan Ram with others took Gumana Ram to Jodhpur Hospital in a jeep. Subsequently, Gumana Ram died. FIR was lodged by Hema Ram s/o Mangala Ram r/o Sinod, who according to the prosecution case, reached on the spot when he got the information of attack on Gumana Ram along with other villagers, when Gumana Ram's brother Mohan Ram came shouting in village that his brother is being killed. In the FIR, Hema Ram mentioned that there was old enmity between Gumana Ram with Baldeva Ram and Harsukh Ram since last many years. The incident took place in the morning at 7 a.m. in the village Sinod and the victim Gumana Ram was taken to the Hospital at Nagaur where he was examined on requisition sent by the Police Station, Nagaur at 8.30 a.m. The FIR was lodged in the Police Station, Khinvsar of District Nagaur in the afternoon at 4 p.m. and the case was registered under Sections 147, 149, 148, 341 and 307 IPC by the SHO, Police Station, Khinvsar. After investigation, charge-sheet was submitted and charges were framed against the accused-appellants by the trial court which were denied by the appellants and they sought trial.