IMPORTANT POINT
The court highlighted that the presence of multiple eyewitnesses and the nature of the injuries inflicted are critical in determining the intent behind the actions of the accused, which can lead to a reclassification of charges from murder to culpable homicide.

JUDGMENT :

Pushpendra Singh Bhati, J.

1. These criminal appeals under Section 374(2) Cr.P.C. have been preferred claiming, in sum and substance, the following reliefs :

“It is therefore, respectfully prayed that this appeal may kindly be accepted and accused appellants may be acquitted of the charges levelled against him and they be set at liberty.”

2. The matters pertain to an incident which occurred in the year 1986 and the present appeals have been pending since the year 1988.

3. The accused-appellants laid a challenge to the judgment of conviction and order of sentence dated 18.01.1988 passed by the learned Additional Sessions Judge No.2, Hanumangarh, Camp Suratgarh, in Sessions Case 30/86 (State of Rajasthan Vs. Dhamaram & Ors.), whereby the accused-appellants Dhama Ram and Khajan Ram have been convicted for the offence punishable under Section 302 IPC and sentenced for life imprisonment and fine with default clause. Accused-appellants Taru Ram and Luna Ram have been convicted for the offences punishable under Sections 143, 323/149 & 324/149 IPC and sentenced for different period of imprisonments, ranging to maximum one year’s rigorous imprisonment.

3.1. Other accused Kartar and Jag Ram, though were convicted for the offence under Sections 147, 323/149 & 324/149 IPC, were released, while extending the benefit of the Probation of Offenders Act, 1958.

3.2. Accused-appellant Makhan Ram s/o Moti Ram had expired on 07.11.2005 and accused-appellants Jaisa Ram, Uttama Ram and Makhan Ram had also expired, and therefore, the appeals qua them stood dismissed as abated.

4. Brief facts of the case, as placed before this Court by Mr. Shubham Ojha, learned Amicus Curiae and Mr. Bhagat Dhadhich, learned counsel for the appellants, are that on 21.03.1986, in the morning, complainant Chetan Ram (PW-1) submitted an oral information before the concerned police station, to the effect that on the previous day i.e. 20.03.1986, after sunset, while the sons of Hari Ram (brother of the informant) were returning back home, on the way back, one Ram and Khajan indulged into a fight.

4.1. As per the informant, he was told by Ram that when he picked up some of Grams (Chana) from the crop of Ramchandra, he (Ram) was abused by Khajan. Thereupon, Hari Ram went to Makhan Ram and complained to him about the same, whereupon, Makhan Ram threatened of killing Hari Ram. Thereafter, at about 7:00 p.m., Khajan, Dhamaram and Makhanram, armed with gandasi, Kasiya and lathi, came to Hari Ram and starting beating him in front of his own house. Dhamaram inflicted gandasi blow on the head of Hari Ram, as a result whereof, Hari Ram fell down; other accused persons also inflicted blows on Hari Ram. Thereupon, the informant himself, his wife-Sarbati, Het Ram, Pappu and Banwari (sons of Hari Ram) and Om Prakash (son of informant) rushed to the place of incident. On this, Lunia, Taru, Kartar, Utmaram, Jaisaram, Makhanram and Jagram, armed with lathis also reached there.

4.2. The informant further stated that he and his family alongwith others, tried to rescue Hari Ram, however, they were also beaten by the accused persons, in the course whereof, the informant and others also sustained injuries. The informant and others, while telling the accused persons that Hari Ram is dead, pleaded to leave him, whereupon the accused persons left the place of the incident. As per the informant, Hari Ram was in an unconscious state and his condition became critical, whereupon he was admitted in a hospital on 21.03.1986 itself. As per the informant, the said incident was a result of enmity between Hari Ram and the accused persons, which prompted them to make efforts to kill Hari Ram.

5. On the basis of the aforementioned information, an FIR bearing No.29/86 (Ex.D-2) dated 21.03.1986 was registered at Police Station, Pilibanga, District Sri Ganganagar for the offences under Sections 307, 147, 148, 149 & 323 IPC, and the investigation accordingly commenced thereafter. However, on the same date i.e. 21.