1981 Supreme(Raj) 527
RAJASTHAN HIGH COURT
S.C.Agrawal, Kanta Bhatnagar, JJ.
Sohana Ram & Others - Appellants
Versus
State of Rajasthan - Respondent
D.B. Criminal Murder Reference No. 2 of 1981.
Decided On : 24-11-1981
The prosecution must prove its case beyond a reasonable doubt in order to obtain a conviction.
Headnote:
None
Fact of the Case:
Durgaram, a teacher, overheard a conversation between the appellants at Chaina Ram's house about killing Surtaram. He informed Surtaram, who asked him to call Ramdeva, a panch of the village. Ramdeva spoke to Kherajram, who denied any intention of a quarrel. At about 11 p.m., Durgaram heard cries of "Maro Maro" and saw the appellants attacking Surtaram with weapons. Bhagirathram also saw the appellants attacking Surtaram. Surtaram died on the way to the hospital. Udaram, the sarpanch, was informed about the incident and went to the hospital, where Surtaram gave a dying declaration implicating the appellants. The appellants were arrested and the weapons used in the attack were recovered. The trial court convicted the appellants of murder and conspiracy and sentenced them to death.
Finding of the Court:
The court found that the prosecution had failed to establish the charge of conspiracy against Chaina Ram. The court also found that the evidence of the eye-witnesses to the murder of Surtaram was unreliable and that the medical evidence contradicted the testimony of the eye-witnesses. The court further found that the prosecution had failed to prove the case against Kherajram for the murder of Surtaram and against all the appellants for the murder of Magharam.
Issues: 1. Whether the prosecution had established the charge of conspiracy against Chaina Ram. 2. Whether the evidence of the eye-witnesses to the murder of Surtaram was reliable. 3. Whether the medical evidence contradicted the testimony of the eye-witnesses. 4. Whether the prosecution had proved the case against Kherajram for the murder of Surtaram. 5. Whether the prosecution had proved the case against all the appellants for the murder of Magharam.
Ratio Decidendi: 1. The court held that the prosecution had failed to establish the charge of conspiracy against Chaina Ram because there was no evidence that he had agreed with the other appellants to kill Surtaram. 2. The court held that the evidence of the eye-witnesses to the murder of Surtaram was unreliable because it was contradicted by the medical evidence and because the witnesses had an interest in the outcome of the case. 3. The court held that the medical evidence contradicted the testimony of the eye-witnesses because it showed that Surtaram had not been injured by the weapons that the witnesses had described. 4. The court held that the prosecution had failed to prove the case against Kherajram for the murder of Surtaram because the medical evidence showed that he had not caused any of Surtaram's injuries. 5. The court held that the prosecution had failed to prove the case against all the appellants for the murder of Magharam because the evidence of the eye-witnesses was unreliable and because there was no other evidence to connect the appellants to the crime.
Final Decision: The court acquitted Chaina Ram and Kherajram of all charges. The court convicted Sohana Ram, Gyanaram, and Asaram of the murder of Surtaram and sentenced them to life imprisonment.
JUDGMENT
1. - D.B. Criminal Murder Reference No. 2/81, D.B. Cr. (Jail Appeal No. 339/81, D, B. Criminal (Jail) Appeal No. 386/81 and D. B. Criminal Appeal No. 352/81 arise out of the judgment passed by the learned Additional Sessions Judge, Nagaur dated 1-5-1981. The learned Additional Sessions Judge had tried the appellants for the murder of Surtaram and Magharam and by the aforesaid judgment convicted appellant Chaina Ram for the offence under Section 120B I.P.C. and sentenced him to imprisonment for life and a fine of Rs. 100/-in default to undergo three months rigorous imprisonment. Appellant Kheraj Ram was convicted for the offence under Section 302/34 I.P.C. for the murder of Surtaram and under Section 302 I. P. C. for the murder of Magharam and was sentenced to imprisonment for life and a fine of Rs 100/- in default to undergo three months rigorous imprisonment and on each count. Appellant Sohana Ram was convicted for the offence under Section 302/34 I. P. C. for the murder of Surtaram and under Section 302 I. P, C. for the murder of Megharam and was awarded death sentence for both the courts. He was further sentenced to a fine of Rs 100/- on each count. Appellants Asa Ram and Gyana Ram were convicted for the offence under Section 302/34 I. P. C. for both the murders and were awarded death sentence with the sentence of fine of Rs 100/- each for both the counts.
2. Briefly, stated the facts of the case giving rise to the trial of the appellants and the murder reference and the appeals are as under :
3. Durgaram (PW 11) a teacher in Middle School, Village Baldeo was a tenant in the house of Khumaram father of deceased Magha Ram. House of Chaina Ram is adjacent to the house. On 10-8-79 at about 8.00 P.M. Durgaram while returning to his house had seen all the appellants sitting in the house of Chaina Ram appellant. As those people were talking about some beating, Durgaram remained standing near his gate inside the house and over heard the talk. Chaina Ram told the remaining appellants that they should first of all do away with Surtaram who was interfering in their acts and was helping the enemies. Chaina Ram assured them to bear the expenses of the litigation and not to let them suffer in any way. Thereafter the appellants went away from there. Durgaram immediately went to the house of Surtaram, who was sitting on his Chabutari (raised platform outside the house) and informed him what had transpired amongst the appellants at Chaina-Rams house. Surtaram asked Durgaram to call Ramdeva Prajapat, a Panch of the village, as the villagers had regard for what he said. Durgaram went to Ramdeva (P.W. 10) and conveyed the message of Surtaram. Durgaram stayed at the shop of Dhanraj. Ramdeva went to Surtaram and the latter told him that Durgaram had informed him that the appellants were intending to pick-up quarrel. Ramdeva went to the Dhani of Kherajram, where he met Kherajram and bis three sons Gyanaram, Asaram, and Sohanaram Ramdeva told Kherajram what he knows from Surtaram, Kherajram asked him to go to his house and they had no intention of any quarrel Ramdeva returned to his house.
4. At about 11 P.M. when Durgaram (P.W. 11) reading a book in his house was just going to sleep, he heard the cry of "Maro Maro" and "Dushman Ko Maro". He came out of the house and went towards the house of Surtaram. Surtaram at the time was sleeping outside his house on the Chabutari. The shriek of Surtaram attracted the attention of P.W- 1 Shri Ramaram, his servant (Hali) who was sleeping in a room adjacent to that Chabutri, Smt. Noji, wife of Surtaram who was sleeping inside the house also heard the shriek of her husband, Shri Ramaram and Smt. Noji saw Sohanaram armed with Gundasi, Gyanaram armed with Farsi, Asa Ram armed with an Axe and Kherajram armed with a Jai on the chabutari where Surtaram was. First of all, Sohanaram caused a Gandasi blow on the head of Surtaram and then all the four aforesaid appellants gave blows to Surtaram with the weapons t
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