JUDGMENT

Eight persons, namely, Basti Ram, Samander, Hanuman, Chunnilal, Dhyala, Harnath, Sultan and Godu Ram were prosecuted for offences under Ss. 302 and 201, IPC. They were tried by the learned Sessions Judge who convicted Basti Ram and Hanuman under S. 302, IPC and sentenced each one of them to suffer imprisonment for life. Samander and Dhyala were convicted for offence under S. 201, IPC and were sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 200/ - each and in default of payment of fine to undergo rigorous imprisonment for a further period of six months. The remaining four accused, namely, Harnath, Sultan, Godu Ram and Chunnilal were acquitted.

2. Basti Ram, Hanuman, Samander and Dhyala filed an appeal challenging their conviction and sentence while the State of Rajasthan filed an appeal against the S.302, IPC and Harnath, Sultan, Godu Ram and Chunnilal for their acquittal for this acquittal of Samander for the offence under offence under S. 201, IPC. The High Court vide judgment dated 12-5-1983, set aside the conviction of Basti Ram and Hanuman for an offence under S. 302, IPC. Hanuman was, however, convicted for an offence under S. 201, IPC and sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 200/- and in default to suffer further rigorous imprisonment for six months. The conviction of Samander and Dhyala for the offence under S.201, IPC and the sentence imposed upon them for the said offence was also affirmed by the High Court. The convicts are before us in appeal by special leave against their conviction and sentence.

3. In short the prosecution case is that Du Ram had no son and had only two daughters, namely Bhuji and Sharbati. Basti Ram, who stands acquitted by the High Court is the son of Bhuji while Chandgi Ram deceased was the son of Sharbarti. It was shortly after the death of Uda Ram that disputes arose between Basti Ram and Chandgi Ram regarding the lands of Uda Ram. On account of these disputes, some criminal litigation started between the parties and a case under S. 307, I.P.C. was registered against Chandgi Ram which was pending disposal on the date of occurrence. Chandgi Ram on account of the strained relations, left the village Bharonda and started living in village Bugala. Basti Ram, however, continued to stay at village Bharonda where the lands of Uda Ram were situated. On the festival of TEEJ which falls on 12-8-1972 Basti Ram came to village Bugala and he along with Samander and Hanuman called Chandgi Ram in the evening to his CHHAPPAR. The parties discussed about the division of lands. Chandgi Ram was later on sent for by his wife and mother to have his meals and he returned to his KOTHA for having his meals and told his wife and others about the discussion with Basti Ram. After taking his meals Chandgi Ram retired to his KOTHA where he was to sleep alone. His mother Smt. Sharbati PW 14, his wife Smt. Ramkauri, PW 7 and his sister Manbhari, PW 11 along with his other brother Khyali, slept in the other room of the same KOTHA. In the morning of 13-8-1972 the sister of Chandgi Ram, Manbhari PW 11, went to leave the beddings in the KOTHA in which Chandgi Ram was sleeping and discovered that a rope was tied round the neck of Chandgi Ram and he was dead. She shouted whereupon Ramkuari, PW 7 and Sharbati, PW 14 rushed to that room. Samander, one of the appellants, followed and is reported to have untied the rope from the neck of the deceased Chandgi Ram and took it away with him. Dhyala and Hanuman along with the wife of Dhyala also came there and all of them advised Ramkuari, Manbhari and Sharbati not to weep or make any noise as otherwise the police might suspect them and harass them. Some villagers, including neighbours, came to the house and the dead body of Chandgi Ram was brought out from his KOTHA and placed on straws and covered by a cloth. PW 13, Ramdeo Singh, a teacher, had also reached the house of the deceased at.