State Of Rajasthan vs Surja Ram

2. Initially six Persons were alleged to have committed offences punishable under Sections 147, 341, 149, 364, 302 , 201 read with Section 120B of IPC. One of them named Chatra Ram was granted pardon and was examined as PW1 in the trial. Out of five accused who faced the trial, Bhanwru Ram and Mohan Ram were acquitted by the Trial Court. It convicted Hapu Ram and Surja Ram for the offences under Sections 341, 364, 302 IPC read with 120B IPC, while the other accused named Raju Ram was convicted under Section 302 read with Section 34 of IPC. In the appeals preferred by convicted accused, the High Court affirmed the conviction and sentence of Hapu Ram under Section 302 of IPC while acquitting him of the other charges. The other two namely Surja Ram and Raju Ram were acquitted of all the charges. In the Special Leave Petition preferred by the State, the Petition as against Raju Ram was dismissed by this court but leave was granted as against accused Surja Ram. This matter is therefore restricted as regards challenge to the acquittal of Surja Ram by the High Court .

3. Complainant PW4 Om Prakash submitted written report at Police Station, Nagaur at 10:15 p.m. on 12.5.1998, that on 10.5.1998 he and his father Jeevan Ram were returning after attending a marriage around 11:00pm, when the motor cycle tyre got punctured . Father Jeevan Ram told the complainant to proceed with the Motor Cycle while he would return in the tractor of one Mohan Ram. The report further stated that his father had since then not returned. Pursuant to this report FIR No. 206 of 1998 was registered and matter was investigated. One of the suspects Chatra Ram having being granted pardon, charges were framed against Five accused under Sections 147, 341/149, 120B, 364, 302 and 201 IPC and the trial was conducted in the Court of Addl. Dist. & Sessions Judge (Fast Track) Nagaur vide Sessions Case No. 72/2001.

4. PW1 Chatra Ram deposed that on 10.5.1998, his Jeep came to be hired by Raju Ram and Surja Ram for going to Village Budi with Raju Ram, Mohan Ram, Surja Ram, Bhanwru Ram as occupants. On the way Hapu Ram joined them. While passing along they found Jeevan Ram on the road, whereupon the jeep was stopped and Hapu Ram and Surja Ram got down. They brought Jeevan Ram forcibly and made him sit in the jeep. The witness stated that he and Mohan Ram resisted but Hapu Ram said that they be dropped at Nagaur otherwise he would kill all of them. Hapu Ram was having a pistol in his hand. Later Mohan Ram left at which stage Surja Ram and Hapu Ram caught hold of Jeevan Ram and made him sit in the front between them. Hapu Ram with the pistol in his hand had stated that if anybody raised any protest he would kill them. The jeep was then taken towards Bidasar. After going for about 15-20 kms from Village Katar, the jeep was stopped near a well by the side of the road. The jeep was taken close to the well. Hapu Ram and Surja Ram made Jeevan Ram get down, then strangulated him by the cycle tube and threw him in the well. Hapu Ram had threatened them not to say anything to anyone. The witness further stated that before strangulating him, Hapu Ram had asked Jeevan Ram to marry his younger daughter with him. During the trial the prosecution produced one letter marked as Exh. P21 written by Hapu Ram stating that his marriage with the daughter of Jeevan Ram should not be cancelled and had given threats therein. PW 4 Om Prakash, complainant reiterated the contents of his complaint.

5. The Trial Court found that the case was established as against Hapu Ram,Surja Ram and Raju Ram. It convicted Hapu Ram and Surja Ram principally for the offence under Section 302 of IPC and sentenced them to undergo life imprisonment and a fine of Rs. 25,000/- each, in default whereof to undergo simple imprisonment for 3 years. They were also convicted under Sections 341, 364 and 201 of IPC, while accused Raju Ram was convicted under Section 302 read with 34 IPC. The other two accused Bhanwru Ram and Mohan Ram were acquitted of all the charges.

6. The convicted accused carried the matter by filing DB Crl. Jail Appeal No.27 of 2003 and 74 of 2003. The High Court while affirming the conviction of Hapu Ram under Section 302 IPC and under Section 201 IPC acquitted him of other charges. He was sentenced to life imprisonment for offence under Section 302 with fine of Rs.5,000/- and for sentence of 3 years under Section 201 of IPC with a fine of Rs. 1,000/-. The sentences were to run concurrently. The High court however acquitted Surja Ram and Raju Ram of all the charges.

10. In our view, Surja Ram was an equal participant in the crime. His role in bringing Jeevan Ram forcibly and making him sit in the vehicle, thereafter making him sit in the front, and finally in making him get down near the well and strangulating him, was rightly relied upon by the Trial Court. The High Court committed gross error in granting him benefit of doubt. Given the status of record, such view is not a possible view at all. We therefore allow the appeal, set aside the judgment and order of the High Court acquitting Surja Ram. The conviction as ordered by the Trial Court is restored. Surja Ram is convicted under Sections 302 and 201 IPC read with Section 34 IPC and sentenced to life imprisonment and to pay fine of Rs. 5,000/- on the first count and for 3 years and fine of Rs. 1.000/- on the second count. The sentences shall run concurrently. The Respondent Surja Ram be taken in custody forthwith to undergo the sentence awarded to him.

.............................J. (Pinaki Chandra Ghose) .............................J. (Uday Umesh Lalit) New Delhi, April 10, 2015 ITEM NO.1C COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 566/2008 STATE OF RAJASTHAN Appellant(s) VERSUS SURJA RAM Respondent(s) Date : 10/04/2015 This appeal was called on for pronouncement of judgment today.

For Appellant(s) Mr. Shiv Mangal Sharma, AAG Mr. Puneet Parihar, Adv.

Ms. Anjali Chauhan, Adv.

Mr. Milind Kumar, Adv.

Hon'ble Mr. Justice Uday Umesh Lalit pronounced the non-reportable judgment of the Bench comprising Hon'ble Mr. Justice Pinaki Chandra Ghose and His Lordship.

The appeal is allowed in terms of the signed non-reportable judgment as follows:-