STATE OF RAJASTHAN Vs. MAMRAJ

JUDGEMENT

(1.) As this DB Cr. Death Reference besides DB Cr. Jail Appeal No. 201/95 "Mam Raj v. State of Rajasthan", DB Cr. Appeal No. 169/95 "Mamraj v. State of Rajasthan", and DB Cr. Appeal No. 146/95 "Rameshwar v. State of Rajasthan" arise out of the judgement dated 20-2-1995, passed by the learned Additional Sessions Judge, Kotputali, in Sessions Case No. 55/93 and DB Cr. Misc. Petition No. 453/95" Mamraj v. State of Rajasthan" has been filed during the pendency of this reference, all these matters are being disposed of together by this judgement.

(2.) The four respondents of this death reference namely; Mamraj and Jairam sons of Bhagwana, residents of village Naurangpura, Rameshwar son of Gheesa, resident of village Kuhara and Bharta son of Sohanlal, resident of village Khatoti were prosecuted in case FIR No. 326/93 under Sections 302, 307 and 460, I.P.C. of Police Station, Kotputali in the Court of the learned Additional Sessions Judge, Kotputali, with the prosecution story, in short, being as under :-

(3.) Hansraj and his elder brother Gheesa sons of Dhonkal were residing in adjoining houses in village Banka Police Station, Kotputali. Hansraj was married to Mahadi, the sister of Surja (P.W. 34) and Rameshwar (P.W. 35). Hansaraj had no issue and as such adopted and had started keeping with him Hardan (P.W. 5), the son of his brother Gheesa. Hansraj, however, felt annoyed with Hardan and refused to keep him and started keeping Prithvi (P.W. 31), the son of his brother-in-law Surja (P.W. 34) and Lali, the daughter of his brother-in-law Rameshwar (P.W. 35). Respondents Mamraj, Jairam, Rameshwar and Bharta are closely related to Gheesa inasmuch as Mamraj and Jairam are the brothers of the wife of Gheesa, Rameshwar is the father-in-law of the younger brother of Hardan and Bharta is the son of the sister of Gheesa. Hansraj had agricultural land which he wanted to give to Prithvi in preference to Hardan and on this account Gheesa and the respondents were annoyed with him and some days prior to the date of the occurrence, had threatened him with serious consequences if he did not give his agricultural land to Hardan and did not turn out Prithvi and Lali, but Hansraj had not agreed to do so.