PURNA RAM ALIAS PURANMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the accused -appellants Purna Ram @ Puranmal and Smt. Sona Devi to challenge the judgment and order passed by the learned Addl. Sessions Judge, Rajgarh (Churu) in Sessions Case No. 26/2004 dated 16th April, 2004 by which both the appellants have been convicted for the offence under Section 302/34 IPC and have been sentenced to undergo life imprisonment with fine of Rs. 500/ - each and in default of payment of fine to further undergo three month's rigorous imprisonment. By the same judgment, the appellants have been convicted under Section 323/34 IPC and have been sentenced for six month's RI and for the offence under Section 341 IPC have been sentenced for five days RI.

(2.) AS per the prosecution case, near the house of the appellants there is house of Tola Ram and his brother Jagdish. Because of some dispute in regard to drain, the complainants and appellants had no good relation since last 2 -3 months. It is alleged that the accused Purnaram obstructed the drain of Jagdish deceased, his neighbour. On 17.2.2004 Jagdish reprimanded accused appellant Purnaram and at that time, Purnaram hit on the head of Jagdish by a Lathi. Purnaram's wife accused appellant Sona Devi also came on the place of occurrence and started beating Jagdish by fist. The complainants Tolaram, Babulal and Bhanwari also reached to the place of occurrence and took Jagdish from out of beating. It is stated by the complainants that if they would not have brought the victim Jagdish out from beatings of the appellants -accused, he would have been given more beatings by the accused. On this written report Ex.P/7 submitted at 2.45 PM at police station on 17.2.2004 itself FIR No. 17/2004 under Sections 304 and 323/34 IPC was registered. During investigation, Jagdish died and, therefore, charge under Section 302 IPC was also added. During investigation, the blood stained soil and the cloths of the victim were seized and seizure memos Ex.P/14 and Ex.P/15 were prepared. The accused -appellants were arrested and on the information Ex.P/24 of the accused -appellant No. 1 the offence of weapon - the lathi was recovered and the recovery memo Ex.P/25 was prepared. The FSL report Ex.P/29 and Post -mortem report Ex.P/2 were obtained and, thereafter, after recording the statement of the witnesses, challan was filed in the court of Addl. Chief Judicial Magistrate, Rajgarh from where the case was committed to the Court of Sessions Judge and the case was transferred to the Addl. Sessions Judge, Rajgarh (Churu) for trial. In the trial court, prosecution produced 11 witnesses and the relevant documentary evidence.

(3.) LEARNED Counsel for the appellants submitted that in fact, the victim Jagdish, his brother Tolaram, Dalip and Smt. Chanda Devi were trying to open the drain towards the house of the appellants. When it was objected by the appellant No. 2 -wife of appellant No. 1 then Jagdish (deceased) inflicted a blow from the Lathi on the head of the appellant No. 2 Smt. Sona Devi. Tolaram also had Lathi in his hand from which he tried to hit upon appellant No. 2 Smt. Sona Devi. The blow of Lathi which was thrown towards the appellant No. 1 by Tolaram went wrong and hit the head of Jagdish. The victim Jagdish fell down on stone. This incident was reported by the appellant No. 1 Purnaram to the police but instead of his report and medical evidence, no case was registered by the police on appellants' complaint against the complainants and a false case was registered against the appellants.