RAM KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE three appeals: one filed by accused Ramkaran the other filed by accused Jawana, Mangla, Padma and Sobha Ram and the third filed by accused Jagannath through jail are directed against the judgment of the learned Additional Sessions Judge, Merta dated 26 -2 -1976 whereby the learned lower court has acquitted Imarta of all the charges framed against him whereas the accused -appellants have been held guilty of the offence under Section 302/149 and 148 IPC. However, the accused -appellants have been acquitted of all the rest of the charges framed against them. For the offence under Section 302/149, the accused appellants have been sentenced to imprisonment for life together with a fine of Rs. 100/ each and in default to undergo, 6 months rigorous imprisonment each. They have, however, been sentenced to 6 months rigorous imprisonment for the offence under Section 148 IPC. Both the substantive sentences have been ordered to run concurrently.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are: that one Bhuraram resident of Farrod was killed and it was suspected by accused Jagannath Mangla, Jawana etc that deceased Nathu and his companions etc. were responsible for his murder. That murder case was investigated by Shri Narain Singh, Inspector, CID, Jodhpur. It is alleged that Shri Narain Singh called Nathu and Hanuta for interrogation on 10 -7 74. Pemaram was also interrogated by him on that day. PW 1 Chandra Singh who belongs to village Bugarda also came to Nagore on that day PW 3 Hanuta belongs to village Bugarda and deceased Nathu and PW 2 Pemaram belong to village Chhawata. It is alleged that deceased Nathu. Hanuta and Pemaram were sitting outside tractor workshop. Nathu and Pemaram planned to go by the motor cycle of Nathu. PW 1 Chandra Singh missed the bus and so, he also came to that workshop and there, he found these three persons sitting outside Delhi Gate. It is alleged that thereafter, they went to ease themselves towards the jungle. When they were returning back after easing themselves, Nathu was 15 Pawandas ahead of them. It is alleged that at about 7 p.m. accused Jawana mm, Manglaram, Sobharam; Padma, Jagannath add Ramkaran came from the eastern side. Accused Jagannath was armed with a double barrel gun. Accused Jawana and Sobharam were armed with Pharsies. Accused Mangla was armed with Kulhara and accused Padmaram and Ramkaran were armed with swords. As soon as Nathu saw them, he tried to run away whereupon accused Jagmnath who was armed with a double barrel gun fired a shot from his gun towards Nathu but that did not hit Nathu. He then took to his heels. While he was jumping over a ditch near the tractor workshop, he fell down. As soon as he fell down, he was immediately availed by these accused persons. The accused appellants encircled him. They immediately started beating him. Chandra Singh, Hanuta and Pemaram ran towards the hutments of Nayaks situated at a distance of about 20 -25 pawandas from the place of the occurrence and started shouting 'Mare re Mare re.' It is alleged that accused Jagannath put his gun on the stomach of Nathu and fired the gun and after that, the accused persons left him and went away from the place of the occurrence. As soon as these witnesses reached near Nathu, they found him dead. On this PW 1 Chandra Singh asked Hanuta and Pemaram to take care of the dead body and then he went inside the tractor workshop, scribed a written report, which has been marked Ex. P 1 and presented it at P.S., Nagore at 7.30 p.m. On the basis of this report Ex. P. 1, a case under Sections 147, 148, 149 and 302 IPC was registered against the accused -appellants: The police immediately came into action. The site was inspected and the site plan Ex. P 3, site inspection memo Ex P 2 the inquest memo Ex. P 4 and Panchnama of the dead body Ex. P 5 were prepared. It is alleged that the SHO sent Hanuta and Pemaram to the Police Station and he went in search of the accused -persons but the accused -persons could not be arrested. It is alleged that four of these accused persons went in the same night to the Dhani of Ghasi. They were accused Mangla, Imarta, Sobharam and Jagannath. Accused Imarta and Jagannath were carrying guns and the rest were carrying pharsies and Kulhari There, these accused -persons were observed PW 4 Girdhari Singh, Constable who was sent for the service of some warrants to village Amarpura. He was sitting at the Dhani of Ghasi However, the accused persons could not be arrested. The photographs of the dead body of Nathu lying at the place of occurrence were also taken. The post mortem on the dead body of Nathu was conducted by Dr. P.R. Joshi on 11 -7 -1974. However, the accused persons could not be arrested. The Investigating Officer then informed the Dy. Superintendent of police PW 13 Khem Singh about this occurrence at about 11 p.m. and then, the Dy. S.P. too went in search of the accused -persons along with the SHO but in the night, the where abouts could not be traced On the next day, two eye witnesses were examined, by the Dy. S.P. However, the accused Jagannath was arrested on 22 -8 -1974 where as accused Padma, Mangla, Sobharam, Jawanaram and Imarta were arrested on 27 -8 -1974 and accused Ramkaran was arrested on 30 -8 -1974 On the information of accused Jagannath, one gun was recovered from Partap Sagar Tank of Nagore One of its barrel was also found loaded at the time of the recovery. The remaining accused also gave information about the recovery of their respective weapons and they were recovered vide Ex. P. 12 so Ex. P 20.

(3.) THE accused -persons were charged with the offence under Sections 120B, 148, 302, 302/149 302/149 and 302/109 and 302/34, IPC. They did not plead guilty to the charges where upon, the prosecution examined in all 15 witnesses in support of its case. The statements of the accused persons were recorded under Section 313 Cr. PC. They have taken a plea of denial The accused Jagannath has claimed that he was a witness in the murder case of Bhura and he gave evidence against Nathu and others and so, he has been falsely implicated. Accused Mangla and Jawana are the real brothers of deceased Bhura. Accused Pad ma has stated that Bhura was his real nephew who has been killed and these three witnesses who killed him have stated against him because he was taking interest in the prosecution of that murder case. He has also stated that he filed a complaint under Section 107 Cr. PC against Pemaram, Hanuta and Nathu and. therefore, they are aggrieved against him. Accused Sobharam has also stated that he also filed a complaint under Section 107 Cr. PC against accused Nathu, Pemaram and Hanuta and so, he has been falsely implicated. Accused Jagannath has filed his written submissions also, in which, he has stated that Bhura's father and Nathu's father both are moneyed persons. Bhura and Nathu were on good terms and were going business together. It is alleged that Bhura and Nathu were indulged smuggling activities as well as in theft of idols. Before some days of the occurrence, they went together to sell some idols at Bombay. After the sale of these articles, Bhura came to Nagore and it is alleged that they went to the house of Nathu and in the night, he committed rape with the wife of Nathu. Nathu and his father were not there. When in the morning Nathu's father and Nathu came there, she told them that she will drown herself in the well for this serious misconduct of Bhoora whereupon, he assured her that he i.e. Nathu will take the revenge of this. Thereafter, in view of that assurance, Nathu and his companion Hanuta, Pema and others killed Bhura, about which, a case was registered and in that case, all these witnesses except Chandra Singh were the accused -persons along with deceased Nathu. Accused Jagannath has stated that he was approached by Tulchha, father of Nathu, to hush up the matter of Bhura's murder. He has further alleged that he was approached by the Dy S.P Nagore who himself was a Jat to help him in the investigation of this crime and on his great persuasion, he disclosed all these facts to him i.e. the Dy. S.P. Nagore. Tulchha came to know about it and, therefore, in order to take the revenge he has been falsely implicated at his instance. He has stated that on that day, he was at Padampur. The accused -persons examined in all 9 witnesses in their defence. The learned lower court after hearing the parties, decided the case as aforesaid and hence these appeals.