- (1.)This judgment shall dispose of three appeals in Criminal appeal Nos.1985 of 2010 filed by the appellant Nanak Ram/Accused and Criminal Appeal No.342 of 2011 filed by appellants/Accused Mohan Ram and Surja Ram against their conviction and sentence, and Criminal Appeal Nos. 1991 of 2010, 1990 of 2010 and Criminal Appeal No.1992 of 2010 filed by the State of Rajasthan for the enhancement of the sentence against the above mentioned accused, respectively.
(2.)The case of the prosecution in brief is as follows : PW 7 Shera Ram is the younger brother of deceased Shivji Ram and they had obtained land from Gram Panchayat towards the western side of the village and obtained Pattas for the said land. Accused Bhera Ram and accused Chuna Ram are real brothers while accused Surja Ram and accused Mohan Ram are sons of accused Sadula Ram. Accused Bhera Ram and Sadula Ram told Shivji Ram and Shera Ram that they will not allow them to take the land and will snatch it from them. Two months prior to occurrence Shivji Ram and Shera Ram erected fencing around their land whereupon the accused Bhera Ram and other accused were seriously annoyed over the same. On the occurrence day i.e. on 29.5.1983 at 10.30 a.m. Shivji Ram and both his younger brothers were repairing/re-erecting the fencing in their land, accused persons Bhera Ram, Sadula Ram and his sons Mohan Ram and Surja Ram, Gordhan Ram, Nanak Ram and Chuna Ram, all duly armed entered into Bara from south side and started dismantling the fence. Shivji Ram and his brothers questioned the same by saying that they have obtained Patta from the Panchayat. Thereupon Bhera Ram and Surja Ram simultaneously inflicted Barchhi blow on the head of Shivji Ram, as a result of which he fell down and all the accused attacked him with their weapons. Shera Ram intervened and accused Mohan Ram inflicted Barchhi blow which landed on the left side of his head and accused Chuna Ram inflicted the jei blow on his right leg. Then all the accused started beating whereupon his sister Dhuri came running and fell upon Shera Ram in order to protect him. PW 11 Balu Ram and PW 2 Mangi Lal who were present at the occurrence place were threatened by the accused and they got frieghtened and saw the occurrence standing by the side of the road. After that all the accused went away. Shivji Ram died on the spot.
(3.)Some unknown person gave a telephonic information about the occurrence to the Police Station Nokha on 29.5.1983 and after making Exh.P-54 entry in the Roznamcha PW 13 Attar Ali Khan went to the occurrence place and found Shivji Ram lying dead and Shera Ram with injuries and he recorded Exh.P9 statement of Shera Ram, sent him to Nokha Hospital for treatment. He forwarded Exh.P9 statement to the Police Station for registering the case and Exh. P55 FIR came to be registered. He conducted inquest on the body of Shivji Ram and prepared Exh.P5 'inquest report'. He prepared Exh.P3 site plan and Exh.P45 site inspection note. He seized blood stained earth and ordinary earth under Exh. P33 and also seized jeis used by the accused Chuna Ram, Nanak Ram from the occurrence place and the blood stained wooden jei under Exh. P34. He also seized the footwear of Shivji Ram viz. Exh.P35 and sent the body for post mortem.