RATNARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants herein have been convicted and sentenced as below vide judgment dated 25.10.2017 passed by learned Additional Sessions Judge, Churu in Sessions Case No.15/2013 (29/2012): For offence under Section 302 Life Imprisonment & fine of r/w Section 34 I.P.C. Rs.10,000/- each, in default of payment of fine, to further undergo 6 months' additional simple imprisonment.

(2.) Being aggrieved of their conviction as recorded by the trial court and the sentences awarded to them, they have preferred the instant appeal under Section 374(2) Cr.P.C. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow.

(3.) On 19.5.2012, Guddi Devi (P.W.1) wife of the deceased Ramkumar lodged a written report (Ex.P1) to the S.H.O. P.S. Bhanipura, District Churu at 9 pm alleging inter-alia that on the previous night at about 9-9:30 PM, accused Kalu Ram and Ratna Ram sons of Guganram were hurling (foul) abuses to Deeparam while standing in front of his house. Deeparam warned them not to do so on which, these two persons scaled the boundary wall of Deeparam's house and assaulted Deeparam as well as his wife. On hearing the hue and cry, the informant's husband Ramkumar intervened and asked the accused to desist from their offensive activities on which, Kalu Ram and Ratna Ram exhorted that Deeparam would be attended later on and first, he (Ramkumar) should be taken to task. While saying so, the accused allegedly called their father Guganram and mother Rampyari and all four forced their way into the house of the informant armed with lathis. Her husband Ramkumar was sitting on a cot in the porch of the house. All the four accused started raining indiscriminate lathi blows on her husband who raised a hue and cry. On hearing the fervent cries of her husband, the informant came out running and saw the accused belaboring her husband. When she tried to intervene, she was warned that if she came near, she too would be killed. On this, the informant became terrified and kept standing in their porch. She raised a cry of Bachao Bachao on which, Deeparam came inside the porch. The four assailants dragged her husband out of the house and continued to beat him there. On hearing the shouts, the neighbours collected on which, the accused left her husband and ran away. The informant and Deeparam checked Ramkumar and saw that he was bleeding profusely and had lost his senses. He was taken to the Sardarshahar Hospital for treatment in a jeep. The doctor at Sardarshahar referred Ramkumar to Bikaner upon which, he was taken to Bikaner Hospital where, he passed away while undergoing treatment. The informant alleged that she could not report the matter earlier because she was busy in the treatment of her husband. On the basis of this report, an F.I.R. No.54/2012 was registered at the P.S. Bhanipura, District Churu for the offences under Sections 302 and 34 I.P.C. and investigation was commenced. The dead body of Ramkumar was subjected to post mortem by a Medical Board constituted at the PBM Hospital, Bikaner which issued the post mortem report (Ex.P19) noting the following injuries :