HIMMATA RAM AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - These are the three criminal appeals, one fled by the accused appellants viz; Himmata Ram and Rawata Ram, who have been convicted and sentenced under Sections 302 and 302/34 Indian Penal Code. respectively with life imprisonment alongwith a fine of Rs. 5,000.00 each and in default, to further undergo six months' S.I. in Sessions Case No. 42/2002 by the learned Addl. Sessions Judge (FT), Balotra being D.B. Cr.Appeal No. 668/2005 and the other two appeals have been filed by Jogendra, Ganga Ram and Ravindra being S.B. Cr.Appeal No. 688/2005 and by Govind being S.B. Cr.Appeal No. 733/2005 against the judgment dated 31.8.2005 passed by the learned Addl. Sessions Judge (FT), Balotra, in Sessions Case No. 45/2002 whereby he convicted the aforesaid four appellants as under : <FRM>JUDGEMENT_63_LAWS(RAJ)12_2009_1.html</FRM>

(2.) Though the learned Addl. Sessions Judge (FT) Balotra has passed different judgments on the same day because of different trial in the cross case but for the sake of convenience, we dispose of all the three appeals by this common judgment, as the date, time and place of the incident is the same.

(3.) In D.B. Cr. Appeal No. 668/2005 out of Sessions Case No. 42/2002, the F.I.R. bearing No. 87/1999 was lodged on 20.4.1999 at 5.45 P.M. at Police Station Kotwali, Barmer by complainant Govind, who is the appellant in the cross case, that at about 4.30 P.M., when he was going to take lunch at his house, he met with Jogendra and Sona Ram in the jeep. Sona Ram asked him to accompany. At that time, Rukmana Ram was with him. They all went at the house of Jogendra. When they came out and turned the jeep, he noticed quarrel in the house of Himmata Ram between Jogendra, Rukhmana Ram and Sona Ram on one side and Himmata Ram and his two companions on the other side. When he got down from the jeep, he heard the voice "rush towards hospital". On seeing inside the house of Himmata Ram, he noticed Himmata Ram's father sitting without shirt and Himmata Ram was having sword in his hand. Rukhmana Ram, Jogendra etc. took Sona Ram to the hospital, where the doctor declared him dead. Upon this information, the police registered a case under Sec. 302 Indian Penal Code. and commenced investigation. After investigation, challan was filed against the accused appellants Himmata Ram and Rawata Ram under Sec. 302 Indian Penal Code. before the Court of learned Magistrate, who committed the case to the Court of Sessions. Learned Sessions Judge framed charge under Sec. 302 Indian Penal Code. against accused Himmata Ram and under Sec. 302/34 against accused Rawata Ram, to which they pleaded not guilty. The prosecution examined 23 witnesses. The statements of the accused were recorded under Sec. 313 Code Criminal Procedure They produced two witnesses in defence including accused Himmata Ram himself as DW-2. After hearing the arguments, the learned trial Judge convicted and sentenced both the accused appellants as above.