BIRBAL RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present two appellants have been convicted by the Court of Additional Sessions Judge, Ratangarh in Sessions Case No. 90/92 vide judgment dated 27.6.1996 under Sec. 302/34 I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 500.00 and in default to further undergo .3 months R.l. Being aggrieved by this conviction and sentence recorded by the learned trial court, the present appeal has been filed by the appellants before this Court.

(2.) The prosecution was initiated on the basis of F.I.R. Ex.R 1 lodged by P.W. 1 Mamraj on 19.10.1991 at the Police Station, Ratangarh at 8 A.M. According to the F.I.R., the occurrence took place in the way to Gaurisar to Khamariya in the field of Roopa Ram Jat on the intervening night of 18.10.1991 and 19.10.1991 at about 12.30 A.M. It was said in the F.I.R. that at about 10 RM. his brother deceased Chuna Ram came from the Dhani to his house in village Gaurisar and informed that while he alongwith his brother , Uda Ram and Khinvra Ram was coming in the village, accused persons Birbal Ram and Bhagwana Ram met him. They gave a threatening that since he has killed his brother, therefore, they will not spare him and his family., Chuna Ram then told him that he is going to his Dhani and the witness should take care of himself. After informing Mamraj about this, Chuna Ram i proceeded, towards his Dhani. Thereafter at about 11 RM. the brother of first informant Mamraj, P.W. 3 Uda Ram and P.W. 2 Khinvraram came to him. He informed them that Chuna Ram alone had just gone to his Dhani and accused Bhagwana Ram and Birbal Ram had threatened to kill him and his family. Therefore, all the three decided to follow Chuna Ram and escort him to the Dhani and they proceeded towards Khamariya. While they were going to the Dhani of Chuna Ram on the way to Khamariya, when they reached near the filed of Roopa Ram, they heard the noise. On this they rushed towards that site there they saw that the accused Bhagwana Ram and Birbal were assaulting Chuna Ram by Kasia and lathi. Chuna Ram was shouting while he was lying on the ground. When they reached near, the accused told them that if they came near, they will also be dealt with accordingly. They requested to spare Chuna Ram, then the accused chased them. Out of fear they concealed themselves in the standing crop. Thereafter, the accused ran away towards the village. Bhagwana Ram had a Kasia and Birbal Ram had a lathi, which they carried with them. When they reached near Chuna Ram they saw that he was lying dead, it was reported in the F.I.R. that since there was no source of conveyance available, therefore, he had come on foot to give information.

(3.) The information was recorded and the investigation started, the charge-sheet was filed against the accused and the accused were charged under Sec. 302 read with Sec. 34 I.RC.