BAGRU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D .B. Criminal Appeal No. 255 of 1973 61ed by Bagru Ram and Sohanlal and D B. Criminal Appeal No. 654 of 1973 preferred by the State of Rajasthan arise out of one and the same judgment of the learned Sessions Judge, Bikaner, dated April 10, 1973, by which Bagru Ram and Sohan Lal sons of Aidan were convicted under Sections 302 and 302/34 IPC respectively and each of them was sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/ -, in default of payment of fine to further suffer rigorous imprisonment for six months while Rajia, Sohan Lal son of Narain and Nam Raj were given benefit of doubt and were acquitted of all the charges claimed against them.

(2.) THE incident that led to the aforcesaid five accused persons may be briefly described as follows: - On May 17, 1971, at about 3 p.m Hari Ram son of Pokhar Ram, deceased, followed by Het Ram and Bhagirath was returning from the house of his father to his own house which is situated towards the bus -stand of village Rashisar Bada Bas. Deceased Pokhar Ram also was coming from the side of village well known as 'Pipalia well' for going to his house. When the deceased entered the main gate of Jambaji -ki -Chowki, Sohan Lal son of Aidan appellant, came out of his house with a 'Sela' i.e. spear and cried aloud 'The enemy has come, kill him On hearing his cry Bagru Ram appellant came out of his house having armed himself with a spear and the other three co -accused namely, Hem Raj, Sohan Lal son of Narain and Rajia (who have been acquitted by the trial court) also came out there from behind the Chowki of Jamabaji having spears in their hands and raising an out cry that 'Pokharia Nanda enemy has come, kill him. Out of these accused persons Sohan Lal son of Aidan appellant was the first person who inflicted a blow on the back of Pokhar Ram, deceased, from behind Thereafter Bagru Ram, struck a spear blow on the abdomen of Pokhar Ram from the front side As a result of this blow, intestines of Pokhar Ram came out and the wound began to bleed profusely. Then Sohan son of Narayan accused dealt a spear blow on the right arm pit of Pokar Ram while Man struck a blow with his spear on his left palm. Rajia accused also inflicted a blow with his spear on the left hand thumb of the deceased. On seeing Pokhar Ram being beaten, Het Ram and Bhagirath raised a hue and cry, such as, 'Minakh Mare re Minakh Mare re', man is tilled, man is killed. On hearing these cries, all the accused persons disappeared from the place of occurrence. Thereafter, Het Ram, Bhagirath, and Pokhar Ram's son Hari Ram came to the place of occurrence, where the deceased was lying on the ground. The deceased asked his son to remove him immediately to the hospital or to police station. By that time Ganga Bishan brought his bullock cart and deceased was taken in that cart to Rashisar Dispensary but before reaching the Dispensary, he succumbed to his injuries.

(3.) INCISED wound 1.2' x .4' x .4' deep laterally down wards; right side of back 12 5' below from seventh cervical spine and 3 8' laterally from vertebral column, simple in nature by sharp weapon ;