BALRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants Balram, Omprakash @ Oma and Smt. Guddi have been convicted and sentenced as below by the learned Additional Sessions Judge No.1, Hanumangarh vide judgment dated 15.02.2012 passed in Sessions Case No.31/2011 (33/2009):-

(2.) Names of the Offence for which Sentence awarded appellants convicted Balram Section 302 read Imprisonment for life with Section 34 IPC alongwith a fine of Omprakash @ and Section 120-B Rs.5000/- and in default Oma IPC of payment of fine, further to undergo rigorous Smt. Guddi imprisonment of five months Section 201 IPC, in Rigorous imprisonment of the alternative seven years alongwith a Section 201 read fine of Rs.1000 and in with Section 34 and default of payment of fine, 120-B IPC further to undergo rigorous imprisonment of one month.

(3.) The complainant Shri Badri Prasad (P.W.4) lodged a complaint (Ex.P/1) in the Court of learned Additional Chief Judicial Magistrate, Hanumangarh on 25.07.2006 alleging inter alia that he had four sons, three of whom resided with him, whereas, the fourth, namely Kaluram, had built a separate house, wherein, he was residing with his family. It was further alleged that Kaluram used to earn his livelihood by doing farming jobs. His wife was of loose character. She was involved in immoral acts and was also in a habit of soliciting girls from outside the village for this purpose. Kaluram was a simpleton and thus, he did not complain to anyone about his wife's improper behaviour. Kaluram had taken the agricultural field of Balram on a contract basis at the rate of Rs.25,000/- per annum. Kaluram used to remain at the field during the night for irrigation. In the night intervening 09.07.2006 and 10.07.2006 at about 2 o'clock, Balram, Omprakash Barmeriya and 3-4 other persons, who were in a habit of indulging in immoral acts with Kaluram's wife, were present in his house. Kaluram got a wind of these persons and returned home during night. When he reached his house, an altercation took place between them. Kaluram threatened that he would expose the accused persons, whereupon Smt. Guddi, Balram and Omprakash killed Kaluram and disposed of the dead body. The complainant kept on questioning Smt. Guddi for the whereabouts of Kaluram, but she did not divulge the truth and kept on giving evasive replies that Kaluram had gone out of the village for effecting recovery of money. The complainant, thereafter convened a Panchayat in the village, where, the Panchas namely, Aaduram, Jasveer, complainant and the other persons, questioned the accused Balram, Omprakash and Smt. Guddi, but they did not offer any satisfactory reply. Finally Balram spoke out that the matter should be covered up as whatever had happened could not be undone. The complainant suspected that the accused had indulged in foul play; killed his son Kaluram and had disposed of the dead body. When Kaluram could not be traced out for a significant period of time, the complainant's son Omprakash lodged a missing person report at the police station on 21.07.2006, but no action was taken thereon as well. Thereupon, he filed the complaint before the ACJM Court.