RAM KUMAR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.4.1995 passed by the Additional Sessions Judge, Nohar in Sessions Case No. 5/94, convicting and sentencing the accused-appellants as under : <FRM>JUDGEMENT_78_LAWS(RAJ)2_1999_1.html</FRM>

(2.) The facts of the case giving rise to the prosecution are that in the evening of 5.10.1993 the incident is alleged to have taken place in village Parlika of Hanumangarh District. It is alleged by the prosecution that at about 7.00 in the evening on that day one Brij Mohan was going towards the house of his elder brother when he was accosted by accused-Dhanpat. He (Brij Mohan), therefore, returned home and requested his father to accompany to the house of his uncle and then Jotaram, the father and - Brij Mohan, the son started towards the house of the uncle when they were assaulted by the accused persons who were armed and who have been named by the witness in his deposition. On hearing and commotion other members of the family of the complainant came to rescue the complainant when they were also assaulted and, therefore, the uncle to whose place they were going, also came and after his arrival Ram Kumar who had gun in his hand used it and the bullets injured the uncle Sahib Ram who thereafter succumbed to the injuries and the accused persons were prosecuted for murdering Sahib Ram causing injuries to others. The prosecution has examined as many as II witnesses in support of its case. The learned Additional Sessions Judge on appreciation of oral and documentary evidence on record came to the conclusion of guilt of the accused and, therefore, convicted and sentenced them as aforesaid. All the sentences were ordered to run concurrently.

(3.) The conviction of the accused persons under section 302 of the Penal Code is basically challenged. PW 1 Brij Mohan, PW 2 Ugrasen, PW 3 Mahendra and PW 4 Sulochana are the eye-witnesses whose evidence was accepted by the learned Judge for coming to the conclusion of guilt.