STATE OF RAJASTHAN Vs. MANI RAM

JUDGEMENT

(1.) THE learned Additional Sessions Jndge No. 1, Hanumangarh has, by his judgment dated 4 -9 -87, convicted the, accused Mani Ram and Heeraram under Sections 302 and 302/34, IPC, and sentenced them to death. He has also convicted them under Section 307 IPC and sentenced the m to 10 year's R.I. with a fine of Rs. 100/ - each and in default of payment of fine to one month's further imprisonment. He further convicted them under Section 450 IPC and sentenced them to 10 years' R.I. and a fine of Rs. 100/ - each and in default of payment of fine to 1 month's further imprisonment. They have also been convicted under Section 27 of the Arms Act and sentenced to two year's R.I. each. The learned Additional Sessions Judge has submitted the proceedings for confirmation of the sentence of death passed on both these accused. The Murder Reference has been registered as No. 4/87.

(2.) BOTH the accused Mani Ram and Heera Ram have also filed an appeal against their convictions and sentences and that appeal has been registered as 322/87.

(3.) THE two appellants Mani Ram and Heera Ram are real brothers. They had more brothers Bhani Ram and Surja Ram. All the four are sons of Purna Ram. Purna Ram had 28 bighas of land. Bhani Ram and Surja Ram each had 1 sq. land (i. e, 25 bighas each). Maniram had 17 bighas of land but Heeraram did not have any land. According to the prosecution story, Punaram gave his 28 bighas of land to Heeraram and on account of this Bhaniram and Surjaram got annoyed. Thus the relations of Purnaram, Heeraram and Maniram got strained with Bhaniram and Surjaram and these strained relations gave rise to criminal reports being filed by Purnaram against Bhaniram and Surjaram as also the son of Bhaniram on 21 -8 -79 and an earlier report by Heeraram against Bhaniram and his son Kashiram on 19 -8 -79. In both these reports the fact of the strained relations on account of the 28 bighas of land given to Heeraram has been mentioned and it is alleged that on account of that dispute Sujaram and Bhaniram had been criminally assaulting Purnaram and Heera Ram and had caused injuries to them.