- (1.) Both above appeals are filed under Section 374(2) Cr.P.C. by the appellants against the judgment dated 17.5.2007 passed by the Sessions Judge, Balotra in Sessions Case No.34/2005 whereby present appellants Mangi Lal and Oma Ram alongwith Pukhraj who died during pendency of appeals were convicted and following punishment was awarded for the offence of the murder to them: JUDGEMENT_229_LAWS(RAJ)11_2014.html
(2.) As per the brief facts of the case one Dashrath Singh, SHO, Police Station, Kalyanpur lodged a verbal report on 1.8.2005 at 3.30 a.m. in the Police Station, Kalyanpur stating therein that on 1.8.2005 in the night at about 12.45 a.m. the police party arranged "Nakabandi" near Shivnagari Choraha to stop the transportation of illicit liquor. At that time, one jeep came from "Kuchha Rasta" and police party gave signal from tourch light and hand to stop the jeep but the driver of the jeep did not stop the jeep and run away towards village Paraliya by breaking the barrier of Naka. The police party chased that jeep and noted the jeep number to be RJ 19-1C-1635. In the jeep one person was sitting on the front seat near driver and on the rear seat, one person was sitting, in all 3 persons including the driver were found sitting in the jeep. In the night about 1.30 a.m. on the "Kuchha" way leading towards Chicharli from Godawas Khurd, some sheeps and goats sitting in the "Bada" near fencing of agricultural field of Anna Ram started hither and thither by the reflection of jeep's light. The owner of sheep and goats Bhinya Ram shouted and due to narrow way the driver of the jeep stopped the jeep and police party tried to stop the persons but jeep driver and other two persons sitting tried to run away from the spot. The person sitting near the driver was having gun and a article like bag run away towards agricultural field of Anna Ram where "Bajra" crop was standing. The two other persons were caught by Khet Singh other member of police party and as per the allegation in the FIR they shouted and asked the third person Mangi Lal that you are having gun so what you are seeing, shout them. The Constable Ganga Ram was chasing the third person who was running towards the agricultural filed of Anna Ram. Chimna Ram, ASI also chased him with the help of jeep light, saw that the person who was running, fired with gun upon the chest of Ganga Ram, Constable and due to said fire arm injury, Ganga Ram fell down but Chimna Ram, ASI rushed to Ganga Ram to take care of him but due to fire arm injury upon chest, Ganga Ram, Constable died on spot and the person, who fired run away in the dark. As per the allegation of prosecution, Chimna Ram, ASI identified the person, who fired by gun upon Constable Ganga Ram. The other two persons, who were caught by the police party disclosed his name as Oma Ram S/o Pratap Ram Bheel (jeep driver) and Purkha Ram S/o Rawata Ram Bheel, resident of Chicharli. They also informed that person who escaped from the spot was Mangi Lal S/o Rawta Ram, resident of Chicharli. As per the prosecution story, the two persons arrested on spot informed that they were going for hunting deer with the gun but due to apprehension of arrest at check post by the police, they ran away by breaking the barrier of check post (Nakabandi). In the FIR it is also mentioned that the gun which was in possession of the person was unlicensed and whole incident was seen by Bhinya Ram S/o Anna Ram Jat, resident of Godawas Khurd.
(3.) On above information, the FIR no.45/2005 was registered at Police Station Kalyanpur, District Barmer against the accused appellants for the offence under Section 302/34 IPC and after registration of the FIR the investigation was commenced by the investigating officer.;