State Of Rajasthan vs Sampat Ram & Ors

2. The matter arises out of reporting made by PW3 Lalaram at 11.30 pm on 21.05.1982 that at about 8.30 pm while returning from his field he had stayed at piao of Padmaji for having water and smoke. That time he saw Bhagirath, resident of Tausar ploughing his field with a tractor driven by PW4 Ramkaran. He also saw "one child" sitting on the tractor, whose name he did not know. While so sitting at piao he saw that the respondents- accused and one more person armed with lathis and kassies had formed an unlawful assembly and entered into the field of Bhagirath. As per reporting, he was able to identify them all in the light of the tractor and he had seen accused-respondent Manglaram stopping the tractor whereupon Bhagirath came down from the tractor. Accused Sampat Ram then allegedly inflicted a kassi blow on the head of Bhagirath who fell down. Treating him to be dead all the accused ran away. PW3 Lalaram went to the spot, remained there for about an hour and since nobody appeared he left the dead body of Bhagirath there itself.

3. On this reporting a case was initially registered against the respondents and one Bheenvraj. After investigation charge-sheet was filed against the respondents and Bheenvraj under Sections 147, 148, 149, 302 and 120B IPC. The prosecution examined sixteen witnesses. The informant PW3 Lalaram turned hostile and could not identify the assailants. PW4 Ramkaran, driver of the tractor could identify all the accused and stated that respondent Sampat Ram had dealt kassi blow on the head of Bhagirath while the others with their lathis had given blows to him. He further stated that immediately after the incident he had left the place of occurrence with his tractor to his house. The person who was referred to as "one child" in the initial reporting, according to the prosecution was PW5 Ramratan. As a matter of fact, PW5 Ramratan was aged about 22 years and a stout person. He could identify only one accused i.e. respondent Sampat Ram, who allegedly was carrying a kassi and had given a blow on the head of Bhagirath. PW11 Dr. Shankarlal had conducted post-mortem on the dead body of Bhagirath deposed about the injuries and his opinion was as under:

4. After considering the material on record the trial court found that the case was established as against the present respondents. It however gave benefit of doubt to Bheenvraj and acquitted him of all the charges. Accused Sampat Ram was convicted under Section 147 IPC and was sentenced to undergo rigorous imprisonment for two years and payment of fine of Rs.100/- , in default whereof to suffer RI for one month and under Section 302 IPC to sentence of life imprisonment and fine of Rs.100/-, in default whereof to suffer RI for one month. The other respondents-accused were convicted under Section 302 IPC with the aid of Section 149 IPC and awarded similar sentence.

5. The respondents appealed against their conviction and sentence by filing DB Criminal Appeal No.338 of 1983 in the High Court. It was submitted that PW3 Lalaram having turned hostile his evidence could not be relied upon and that the very basis for initiation of prosecution was completely shaken. The person who was referred to as "one child" and not named in the FIR was now turning out to be PW5 Ramratan, a stout person which was again extremely doubtful. It was further submitted that soon after the incident PW4 Ramkaran had straightaway gone to his house on the tractor and never reported the matter to anyone and as such his behaviour was beyond normal course of conduct.

9. In the circumstances, the view that has weighed with the High Court in reversing the order of conviction and acquitting the respondents-accused is definitely a possible view. In this appeal against acquittal, we do not see any justification to upset such view taken by the High Court. Consequently, this appeal fails and is dismissed.

.................................J. (Pinaki Chandra Ghose) .. ..............................J. (Uday Umesh Lalit) New Delhi, April 10, 2015 ITEM NO.1A 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). 2082/2008 STATE OF RAJASTHAN Appellant(s) VERSUS SAMPAT RAM & ORS. Respondent(s) Date : 10/04/2015 This appeal was called on for pronouncement of judgment today.

For Appellant(s) Mr. S.S. Shamshery, AAG, Rajasthan Mr. Amit Sharma, Adv.

Mr. Sandeep Singh, Adv.

Mr. Ajay Chaudhary, Adv.

Mr. Irshad Ahmad, 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 dismissed in terms of the signed non-reportable judgment.

(Signed non-reportable judgment is placed on the file)