PRABHU RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Sessions Judge, Merta dated 21.12.83 passed in Sessions Case No.7/82, whereby he convicted & sentenced the five accused appellants viz; Prabhu Ram, Chittar Ram, Ranglal, Ugama Ram and Hiralal under various Sections of the Indian Penal Code as follows: <FRM>JUDGEMENT_197_LAWS(RAJ)10_2009_1.html</FRM> All the substantive sentences were ordered to run concurrently.

(2.) Facts leading to this appeal are that on 28.9.81 in the morning at about 3.30 AM, the FIR was lodged at Police Station, Thavla that on 27.9.81 i.e. one day prior to the incident at about 7.15 PM, accused Goverdhan, Smt.Rasal w/o Prabhu and five other persons came to the house of Jagdish s/o Jodhraj. They were armed with deadly weapons. As per the FIR, he had gone to 'Navora well' and when he returned back to his house, he saw the accused persons coming out from his house. Accused Prabhu was armed with 'farsi', Ranglal with 'kulhari' and Chittar & Hira with tyre levers and accused Goverdhan & Ugama were armed with lathis. The truck No.RJN8359 was standing outside near the house of Jawara Ram and Harlal. Accused persons boarded the truck and went away from the place. When he entered into the house, he found his brother Ramlal dead and his mother sustained injuries on her hand, which resulted in fracture and his brother's wife also received injuries on her hand. He was told that the accused Prabhu had taken gold ornaments of her mother and a 'kanthi' belonging to wife of Shri Ram was snatched by accused Ranglal. Upon this report, the police registered a case and commenced investigation. The autopsy of the dead body was conducted and the injured were also examined. It has also been reported in the FIR that there was a dispute about the agricultural land between the accused and the complainant party. The accused had taken the possession of the land and on being asked for vacating the same, they have committed this offence. The accused were arrested and upon their information, the deadly weapons were recovered. After investigation of the case, the police filed challan against the accused persons before the Court of Judicial Magistrate u/ss.302, 307, 460, 394, 325, 323, 147, 148 and 149 IPC, who committed the case to the Court of Sessions. After hearing the arguments on charge, accused Prabhu Ram was charged u/ss.147/148, 302, in alternative 302/149, 307, in alternative 307/149, 323, in alternative 323/149, 394 and 460 IPC and rest all the nine accused were charged u/ss.147, 148, 302, in alternative 302/149, 307, in alternative 307/149, 323 and in alternative 323/149, to which they all pleaded not guilty. The prosecution examined 20 witnesses. The statements of the accused were recorded u/s.313 CrPC. They produced two witnesses in the defence. After hearing the arguments, the learned trial Judge convicted the accused Prabhu Ram, Chittar Ram, Ranglal, Ugama Ram and Hiralal as above but acquitted accused Goverdhan, Smt.Sonki, Smt.Rasal, Puna Ram and Jaiprakash of the charges levelled against them. Accused Prabhu was also acquitted under Sec.394 IPC.

(3.) We have heard the arguments of the learned counsel for the appellants and the learned Public Prosecutor and perused the record of the case.