Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 3054

RAJASTHAN HIGH COURT
Sandeep Mehta, Farjand Ali, JJ.
The State of Rajasthan - Appellant
Versus
Ganesh Ram & Ors. - Respondents
D.B. Criminal Appeal No. 150 and 50 of 1989
Decided On : 03-08-2022

Advocates appeared:
Mr. B.R. Bishnoi, AGC, for the Appellant; Mr. S.K. Verma, Advocate with Mr. Swaroop Singh, Advocate, for the Respondent.

The court established that mere presence at a crime scene does not imply liability for murder without clear evidence of intent and participation.

Headnote:
Criminal - Murder - IPC Sections 302, 304, 323 - The court interpreted the provisions of IPC Sections 302, 304, and 323, emphasizing the necessity of proving intent and participation in the crime, leading to a conviction for lesser charges.
Fact of the Case:

The accused were tried for murder after a fatal assault on the victim, with conflicting witness testimonies regarding the incident's circumstances and the accused's involvement.
Finding of the Court:

The court found that the prosecution failed to establish the accused's intent to commit murder, leading to a conviction for a lesser charge of culpable homicide not amounting to murder.
Issues: Whether the accused were guilty of murder under Section 302 IPC or a lesser charge under Section 304 IPC, and whether the evidence supported the conviction.
Ratio Decidendi: The court held that the prosecution did not prove the common intention required for a murder conviction, as the fatal injury was inflicted by another individual, not the accused.
Result: The appeal by the accused was allowed in part; the conviction under Section 304 IPC was overturned, but the conviction under Section 323 IPC was upheld.

JUDGMENT

Sandeep Mehta, J. - The accused Ganesh Ram and Chanda Ram were tried for the offences punishable under Section 302 read with Section 34 IPC and in the alternative under Section 302/34, 323 IPC by the learned Sessions Court, Pali vide judgment dated 08.12.1988 in Sessions Case No.97/85 arising out of FIR No.16 dated 19.03.1985, Police Station Siriyari, District Pali.

Upon conclusion of the trial, the learned Sessions Judge proceeded to acquit the accused from the offence punishable under Section 302 IPC read with Section 34 IPC and instead, convicted them for the offence punishable under Section 304 Part I IPC read with Section 34 IPC and sentenced them to 7 years' Rigorous Imprisonment and a fine of Rs.250/- and to further undergo 3 months' Simple Imprisonment in default of payment of fine. The accused Chanda Ram was also convicted for the offence punishable under Section 323 IPC and was sentenced to one year's Rigorous Imprisonment on that account. All sentences were ordered to run concurrently.

The accused Chanda Ram and Ganesh Ram have filed Appeal No.50/1989 for assailing their conviction and the sentences awarded to them by the trial court whereas, the State of Rajasthan has filed the appeal No.150/1989 questioning acquittal of the respondents from the charge for the offence punishable under Sections 302 read with Section 34 of the IPC. Since, both the appeals arise out of common judgment dated 08.12.1988, the same have been heard and are being decided together.

It may be noted here that the appellant No.1 Ganesh Ram expired on 09.09.2014 and thus, both the appeals to his extent have already been abated.

Brief facts relevant and essential for disposal of these appeals are noted hereinbelow:-

2. Shri Chain Singh (P.W.2), lodged a written report (Ex.P/4) at the Police Station Siriyari, District Pali on 19.03.1985 at about 6.15 AM, alleging inter alia that on the previous night, he and Mohan Kumar were guarding Raida (mustard) Crop in their field. Sometime between 12.00 to 12.30 p.m., Durga Ram son of Kupaji and his younger brother Chotu Singh, came running and shouting that Jethu Singh was being assaulted by Madan Singh Rajput, Ganesh Ram Sirvi and Chanda Ram Sirvi with Dhariyas and lathis. Durga Ram also stated that he too had been beaten by Madan Singh. Durga Ram further stated, that he and Jethu Singh had gone to the Bera Rail to request Maga Ram and others, not to give false evidence. A little later, Madan Singh and his companions arrived and launched the brutal assault upon which, the informant and Jora Ram ran away from the place of incident for saving their lives. Durga Ram stated that he did not know as to where Jora Ram had gone. Madan Singh was alleged to be armed with a Dhariya whereas, Ganesh Ram and Chanda Ram were armed with lathis. On hearing this, Chain Singh, his brother Chotu Singh and Durga Ram, all proceeded to the Bera Rail, where they saw Jethu Singh lying on the ground with his head split up and sharp wounds noticeable on the calves of his both legs. It was further alleged that the informant and his maternal uncle Shri Madan Singh were on inimical terms and previously also cases had been instituted between them. The next date in the case involving offence under Section 307 IPC was 26.03.1985. Madan Singh had been hurling insinuations that he would do something about that and they should be prepared to face the consequences. The informant and the witnesses remained hidden in the wheat crop in the night time and after dawn, they forewarned the family members and then, proceeded to the police station for filing the report.

3. On the basis of this report, FIR No.16 (Ex.P/5) dated 19.03.1985 was registered at the Police Station Siriyari, District Pali for the offence punishable under Section 302 IPC and investigation was undertaken by Shri Devilal, SHO, Police Station Siriyari. The SHO proceeded to the place of incident and saw the dead body of Shri Jethu Singh lying on the ground with visible marks of i