HARI RAM @ HARU RAM Vs. STATE

JUDGEMENT

(1.) The present criminal appeal under Sec. 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dtd. 26/11/2014 passed by the learned Sessions Judge, Jodhpur District Jodhpur in Sessions Case No. 92/2011 whereby the appellant has been convicted and sentenced as under:-

(2.) Brief facts necessary to be noted for disposal of the appeal are that a written report (Ex.P/1) was filed by Hari Ram (PW1) on 12/12/2010 to the Station House Officer, Police Station, Osian District Jodhpur stating inter-alia that his sister Smt. Pappu Devi was married to Ladhu Ram of village Nosar who died 6-7 years ago. Shyam Lal is his elder nephew, Vikas is his younger nephew and Kavita is his niece. His sister was residing in a separate house constructed in the portion of land falling in her share. On 10/12/2010, he came back to his house after harvesting crop of Millet grown on his sister's share of land. His nephew Shyam Lal used to reside with his uncle Hari Ram @ Haru Ram S/o Mana Ram. On 11/12/2010 at around 1:00 am, Achla Ram Meghwal, resident of Nosar informed him on telephone that Shyam Lal had been assaulted by Hari Ram @ Haru Ram and was lying unconscious and that he had somehow rescued Shyam Lal. Shyam Lal spoke to the informant on phone and requested him to come over. At around 2-2:30 am, the informant along with his father Chautha Ram, Surta Ram, Bhikha Ram, Bhagirath Ram and neighbor Ajij Khan and Danu Ram proceeded towards the house of Jeewan Ram Panwar in the Jeep of Danu Ram and reached there at around 6:00 am. He again spoke to Achla Ram on telephone who informed that Hari Ram @ Haru Ram told him that he had murdered the mother, brother and sister of Shyama (Shyam Lal). Achala Ram also told him to go and see his sister Pappu Devi. They all went to the house of his sister and he saw her dead body lying in a pool of blood in the courtyard of the house. Blood was scattered all around the place. The Sarpanch was informed about the incident who in turn contacted the police. They went inside the house and saw his niece Kavita and nephew Vikas lying on the bed in the room. They were profusely bleeding and gravely injured. He suspected that Hari Ram @ Haru Ram, brother in law (Devar) of his sister had murdered his sister and also tried to kill his nephews and niece (PW5 Kavita, PW6 Vikas and PW.7 Shyamlal). He was not aware of the reason of the assault.

(3.) On this written report, a formal F.I.R. No. 275/2010 was registered at Police Station- Osian District Jodhpur Rural for the offences under Ss. 302, 307 and 458 IPC against the accused appellant. The accused-appellant was arrested on 13/12/2010 vide arrest memo (Ex.P/39).