Nanak Ram vs State Of Rajasthan

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.

6. After completing investigation challan was filed in the Court of Munsif-cum-Judicial Magistrate Nokha against all the accused persons. Accused Nanak Ram was absconding. The other accused persons namely Bhera Ram, Sadula Ram, Chuna Ram, Surja Ram, Mohan Ram and Gordhan Ram were tried in Sessions Case No.63 of1983 for the alleged offences under Section 302, 307, 323 and 324 all read with Section 149 IPC and also the offence under Section 147 and 148 IPC. The prosecution examined 13 witnesses and tendered in evidence 59 documents. The learned Sessions Judge convicted accused Bhera Ram and Surja Ram for the offences under Section 302 read with section 149 IPC and sentenced them each to undergo imprisonment for life. He also convicted accused persons Sadula Ram, Mohan Ram and Gordhan Ram for the offences under Section 304 Part II read with Section 149 IPC and sentenced them each to undergo five years rigorous imprisonment. Besides he convicted accused persons namely Surja Ram, Bhera Ram, Gordhan Ram and Mohan Ram for the offence under Section 148 IPC and sentenced them each to undergo six months rigorous imprisonment He also convicted Sadula Ram for the offence under Section 147 IPC and sentenced him to undergo 3 months rigorous imprisonment. In addition he convicted accused persons Surja Ram, Bhera Ram, Mohan Ram, Sadula Ram and Gordhan Ram for the offence under Sections 323 and 324 read with Section 149 IPC and sentenced them each to undergo 6 months rigorous imprisonment and directed all the sentences to run concurrently. However, he acquitted accused Chuna Ram of the charges.

8. The High Court of Rajasthan partly allowed the appeal in Appeal No.428 of 1984 filed by the accused Surja Ram by setting aside his conviction for the offence under Section 302 read with Section 149 IPC and instead convicted him under Section 304 Part II read with Section 149 IPC and sentenced him to undergo 5 years rigorous imprisonment and the other conviction and sentences imposed on him were maintained. At the same time it dismissed the appeal in Appeal No.428 of 1984 preferred by accused Mohan Ram, by confirming the conviction and sentence imposed on him. The High Court also dismissed the Appeal No.106 of 1985 preferred by the State of Rajasthan against accused Mohan Ram.

9. The accused Nanak Ram on being apprehended was tried in Sessions Case No.24 of 1985 and the learned Sessions Judge, Bikaner convicted him for the offence under Section 302 read with Section 149 IPC and sentenced him to undergo life imprisonment. He also convicted him for the offence under Section 148 IPC and sentenced him to undergo six months rigorous imprisonment and further convicted him for the offence under Section 324 read with Section 149 IPC and sentenced him to undergo one year rigorous imprisonment and in addition he convicted him for the offence under Section 323 read with Section 149 IPC and sentenced him to undergo three months rigorous imprisonment and further he convicted him for the offence under Section 447 IPC and sentenced him to undergo two months rigorous imprisonment and directed all sentences to run concurrently. Challenging the conviction and sentence Nanak Ram preferred appeal in Criminal Appeal No.314 of 1990 on the file of High Court of Judicature at Rajasthan at Jodhpur and the High Court partly allowed the appeal by setting aside the conviction under Section 302 read with Section 149 IPC and instead convicted him for offence under Section 304 Part II read with Section 149 IPC and sentenced him to undergo five years rigorous imprisonment and maintained all the other convictions and sentences imposed by the Sessions Court.

13. The prosecution has examined PW 7 Shera Ram, PW 2, Mandi Lal, PW6 Dhuri and PW11 Balu Ram as having witnessed the occurrence. PW7 Shera Ram and PW 11 Balu Ram are the younger brothers of deceased Shivji Ram and PW6 Dhuri is their sister. PW 7 Shera Ram was also injured during the occurrence and according to him on the occurrence day namely on 29.5.1983 at 10.30 a.m. Shivji Ram and both his brothers were repairing/re-erecting the fencing in their Patta Land and accused persons Bhera Ram, Sadula Ram and his sons Mohan Ram and Surja Ram, Gordhan Ram, Nanak Ram and Chuna Ram armed with weapons entered into Bara from south side and started dismantling the fence and they questioned the same by saying that they have obtained Patta from Panchayat and at that time Bhera Ram and Surja Ram 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 and when he intervened accused Mohan Ram inflicted barchhi blow on the left side of his head and accused Chuna Ram inflicted jei blow on his right leg and other accused also started beating him whereupon his sister Dhuri came running and fell upon him in order to protect him and the accused persons also threatened PW 11 Balu Ram and PW2 Mangi Lal and being frightened they stood by the side of the road and saw the occurrence and Shivji Ram died on the spot. PW7 Shera Ram sustained as many as 11 injuries on his person as a result of the attack made by all the accused on him at the time of occurrence. PW 11 Balu Ram was involved in the fencing of the land along with his brothers and his presence in the occurrence place cannot doubted. PW 2 Mangi Lal happened to be with Shivji Ram in his land and he has witnessed the occurrence. He is an independent witness. On seeing the attack made by the accused on her brothers PW 6 Dhuri came running and tried to protect Shera Ram by falling upon him. The testimonies of PW2 Mangi Lal, PW6 Dhuri, PW11 Balu Ram are natural cogent and in all material particulars corroborated the testimony of PW7 Shera Ram. Accepting their testimonies it is clear that during the occurrence all the seven accused as members of unlawful assembly have inflicted injuries with their weapons on deceased Shivji Ram and PW 7 Shera Ram.

18. Looking at the nature of injuries sustained by the deceased and the circumstances as enumerated above the conclusion is irresistible that the death was caused by the acts of the accused done with the intention of causing such bodily injury as is likely to cause death and therefore the offence would squarely come within the first part of Section 304 IPC and the appellants would be liable to be convicted for the said offence. The conviction of the appellants/accused under Section 304 Part II read with Section 149 IPC by the High Court is liable to be set aside.

19. We are of the considered view that imposition of 7 years rigorous imprisonment on each of the appellants for the conviction under Section 304 Part I IPC would meet the ends of justice. We sustain the other conviction and sentences imposed on the appellants. We are also of the view that the appellants are not entitled for release on probation.

20. In the result Criminal Appeal No.1990 of 2010, 1991 of 2010 and 1992 of 2010 preferred by the State of Rajasthan against the accused persons Nanak Ram, Mohan Ram and Surja Ram are partly allowed and their conviction for the offence under Section 304 Part II IPC read with Section 149 IPC and the sentences of 5 years rigorous imprisonment each are set aside and instead they are convicted for the offence under Section 304 Part I read with Section 149 IPC and sentenced to undergo seven years rigorous imprisonment each. All other convictions and sentences imposed on them by the High Court are maintained. Criminal Appeal No.1985 of 2010 and 342 of 2011 are dismissed.

February 26, 2014.