The main legal point established in the judgment is the need for credible and corroborated evidence to establish liability in criminal cases, especially in cases involving vicarious liability under Section 149 IPC.

JUDGMENT :

SANDEEP MEHTA, J.

1. The accused appellants Mana Ram, Banshi Ram, Bhagirath, Mohan Ram and Asha Ram (Mana Ram and Bhagirath, since deceased, appeal abated), were convicted and sentenced as below vide judgment dated 24.07.1989, passed by the Additional Sessions Judge, Nagour, in Sessions Case No. 42/1987:

2. They have preferred this appeal under Section 374(2) Cr.P.C. for assailing their conviction and sentences awarded to them by the learned trial court.

3. Brief facts relevant and essential for disposal of the appeal are noted herein-below.

4. Sunda Ram (PW-13), gave an oral report (Ex.P/37) to the SHO, Police Station Khatu on 16.03.1987 at about 04.45 AM, alleging inter alia that he was a resident of Village Sandila. On the previous night i.e. 15.03.1987, he was sleeping in his house. The house of his brother Poorna Ram is located in close vicinity. Poorna Ram was sleeping on a cot laid inside the courtyard of his house. In late hours of night, he heard the cries of his sister-in-law Dhapudi on which, he went out and saw that Poorna Ram was being assaulted by Mana Ram son of Basta Ram, Banshi Ram son of Mana Ram, Harkaran and Bhagirath sons of Jaga Ram, Ghota Ram son of Bhagirath Ram, Bhiya Ram son of Kana Ram, Mohan Ram son of Shri Surja Ram, Asha Ram son of Shri Dewa Ram all by caste Meghwals, residents of Village Sandila. Mana Ram and Banshi Ram were armed with farsis and others were having lathis. Poorna Ram had fallen on the ground in an injured condition and Dhapudi was lying on top of him in an attempt to save her husband. The informant’s nephew Mangi Lal and his brother Bhagu Ram also made efforts to save the victims. All the accused persons were indulging in the assault. Ghasi Ram and Bhanwara Ram, came to the spot and tried to intervene on which, the assailants went away.

His brother Poorna Ram had been given a farsi blow on his head and was bleeding profusely. Blunt weapon injuries were noticeable on left side of abdomen and the chest area. They lifted Poorna Ram and placed him on a cot but by that time, he had expired as a result of injuries inflicted to him. Mangilal, Bhagu Ram and Dhapudi, also received injuries in the self same incident. It was alleged that the reason behind the assault was a quarrel which happened couple of days earlier, the accused Tola Ram and the informant’s nephew Banshi over a trivial incident while playing Gher at Holi. The accused persons got enraged by this incident and as a result thereof, they assaulted and killed Poorna Ram.

5. On the basis of this report, an FIR (Ex.P/34, No. 7/1987), came to be registered at the Police Station Khatu, District Nagour for offences punishable under Sections 302, 323, 325, 147, 148 and 149 IPC. Investigation was undertaken by Shri Chiranji Lal (PW-18), SHO, Police Station Khatu, who proceeded to the place of incident and conducted following steps of investigation:

1. Examined the place of incident and prepared Site Inspection Plan (Ex.P/8) and Haalat Mauka (Ex.P/7)

2. Prepared the Fard Surat Haal Laash (Ex.P/9)

3. Seized clothes of the deceased and recorded the same in Seizure Memo Ex.P/10.

4. Prepared the Panchnama (Ex.P/11) and with the consensus of the Panchas, determined the cause of death to be head injury.

6. The dead-body of Poorna Ram was forwarded to the Government Hospital, Jayal for autopsy. His blood stained clothes were seized. The accused were arrested and in furtherance of the