Mathur, J. - (1.) These three appeals arise from the order of Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bikaner dated 12-2-2002, as such, they are decided by a common order.
(2.) Thirteen appellants namely A-i Shiva Ram Shiva Lal, A-2 Peera Ram, A-3 Bishna Ram, A-4 Maga Ram, A-5 Chandu Ram, A-6 Ramu Ram, A-7 Lich-man Ram, A-8 Karna Ram Kanhaiya Lal, A-9 Sunder Lal, A-i0 Richpal @ Paliya, A-il Surja Ram, A-12 Girdhari Ram and A-13 Tiku Ram were sent for trial before the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bikaner in connection with murder of one Chuna Ram and for causing injuries to PW-2 Pema Ram and PW-4 Mst. Pani. They were tried for various offences. Appellants A-i Shiva Ram and A-2 Peera Ram have been convicted for offence under Section 302 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-; in default of payment to further undergo two months simple imprisonment , while remaining appellants have been acquitted of offence under Section 302/149 I.P.C. They have been convicted and sentenced as follows: JUDGEMENT_118_CRIMES3_2004Html1.htm All the sentences have been ordered to run concurrently. Out of total fine of Rs. 12,000/-, a sum of Rs. 3,000/- has been directed to be paid to the legal heirs of deceased Chuna Ram.
(3.) Briefly stated that the facts of the case are that First Information Report Exhibit P-54 was registered at Police Station Jamsar on the basis of parcha bayan Exhibit P-i recorded by PW-9 Jagdish Prasad Vyas in presence of PW-i Rewant Ram on 29-5-1997 at 10:00 P.M. in P.B.M. Hospital at Bikaner. The narration of the incident as given by PW-l Rewant Ram as follows :- (i) On 18th May, 1997, there was a marriage of the daughter of informants brother namely Shankar in village Sobhasar. Baraties, from the village Ridmalsar included A-i Shiva Ram and A-2 Peera Ram. Both the appellants consumed liquor and took up quarrel. However, on intervention by the relatives, any mishap was averted. (ii) A day before from the incident which took place on 29-5-1997 at about 5:00 P.M., appellant A-i Shiva Ram took up quarrel in the village. (iii) In the morning of the date of incident i.e. 29-5-1997, a Panchayat was convened by the father of informant i.e., deceased Chuna Ram and his uncle i.e., PW-2 Pema Ram at Flour mill of village mukhiya Hanuman Maharaj with a view to sort out the differences arising on account untoward incident taken place a day before. The efforts of conci-liation failed, as such, decea-sed, father of the informant and uncle returned to the house. (iv) On the same day at about 5:00 P.M. while deceased Chuna Ram and PW-2 Pema Ram were sitting in the drawing room of the house, abruptly, all the accused persons arrived. The appellants Vishna Ram and Peera Ram dragged the deceased Chuna Ram to bhakhal (compound) of the house. Pema Ram was dragged out by A-i Shiva Ram, A-12 Surja Ram, A-8 Karna Ram Kanhaiya Lal and A-10 Palu Ram, Appellant Shiva Ram and Peeru Ram were armed with barchhies, Surja Ram was having a sela, Ramu Ram, Bishna Ram, Paliya, Sunder Lal, Chandu Ram, Karna Ram, Maga Ram, Lichman Ram and Girdhari Ram were armed with lathis and Tiku Ram was armed with jale. Shiva Ram and Peeru Ram each of them gave separate barchhi blows on the head of deceased Chuna Ram. Palu Ram and Sunder Lal inflicted injuries by lathis on the foot of deceased Chuna Ram. Surja Ram gave a sela blow causing injuries on the hand of PW-2 Pema Ram. Ramu Ram, Chandu Ram and Karna Ram also inflicted lathi blows to Pema Ram. Hearing the cries, his wife Teeja, elder brothers wife, P.W.3 Surja and his sons wife PW-4 Pani also arrived on the spot. Bishna Ram, Maga Ram and Tiku Ram inflicted injuries to them by lathis and jale. Informants father deceased Chuna Ram and uncle Pema Ram became unconscious. (v) Deceased Chuna Ram and Pema Ram were immediately removed to hospital for treatment. Chuna Ram succumbed to the injuries in the hospital.;