DEVA REM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above three appeals arising out of the judgment dated 30.1.1980 passed by learned Sessions Judge, Merta in Sessions Case No. 24/77 have been heard together and are being disposed of by this common judgment. The learned Sessions judge tried 13 accused persons for various offences and by his impugned judgment recorded the conviction of nine accused persons and acquittal of remaining four accused persons as under :

(2.) Appellants-Shanker, Ghisa Ram, Jagdish and Gopal, have died during the pendency of the appeal and the appeals preferred by them and against them by State of Rajasthan stand abated and disposed of accordingly. Therefore, the appeal of only remaining appellants Deva Ram, Rama Ram, Hari Ram and Rani Niwas survives for consideration in appeal No. 55/80. The appeal of State of Rajasthan is also to be decided in respect of eight accused persons i.e. Deva Ram, Rama Ram, Hari Ram and Ram Niwas partly acquitted of some of the charges and Bhagirath, Mohan, Sohan and Ridh Karan having been acquitted of all the offences alleged against them.

(3.) The prosecution case is that Pabu, Jairam (deceased), Rajuram, Mehram, Mst. Jhamku and Ram Niwas were sitting in the 'Bala' of Jairam in the morning at 6.00 a.m. on N.5.1976, while they were talking all the 13 accused-Jhoomar, Gopal, Deva Ram, Shanker, Rama Ram, Hari Ram, Ram Niwas, Ghisa Ram, Jagdish, Bhagirath, Mohan, Sohan and Ridh Karan armed with lathis, pharsies and axes entered the 'Bada' and assaulted them. The hue and cries raised by the injured persons attracted Heera Ram, Ram Prasad and Govind Ram at the scene of occurrence. When they tried to intervene the accused persons also inflicted injuries to them. It is further alleged that all the accused persons were crying that the complainant party should be finished. Jairam fell down and accused-Jhoomar and Ram Niwas gave a violent blow by a big stone on his head who died thereat. The First Information Report Ex. P/22 was lodged by Ram Niwas at 6.15 p.m. at Police Station, Mundwa. The case was registered and investigation was taken up by Jayant Singh PW 18. On completion of the usual investigation, challan was submitted and all the accused were committed to the Sessions for trial.