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2001 Supreme(Raj) 1018
Rajasthan High Court
Honble SUNIL KUMAR GARG, J.
Bhoja Ram & Ors. - Appellant
Versus
State of Rajasthan - Respondents
S.B. Criminal Appeal No. 55 of 1987
Decided On : September 15, 2001
S.K. Goel, for Appellant M.A. Bhurat, Public Prosecutor
Headnote:Penal Code, Sec.302/114, 302/34 & 304(II)/34 – Interested witnesses – Enemity – Caused 19 injuries by sharp and blunt weapons including one on head – Died on the same night – Trial Court held it culpable homicide not amounting to murder, punishable u/Sec.304(II)/34 IPC – Held – Death of the deceased is established as homicidal one by medical evidence – Evidence of partisan or interested witnesses can be accepted, if they are found to be true, genuine and not suffer from infirmity – When common intention is established, it is irrelevant who gave fatal blow. (Paras 23, 26 to 28)
As both the accused appellants have been convicted with the aid of Sec. 34 I.P.C. Not only this, the deceased had many injuries by blunt object also, therefore, it appears that this accused appellant Bhoja Ram also took active part in causing injuries to the deceased. That apart common intention has to be inferred from the circumstances particularly the part played by the accused and surrounding circumstances, namely nature of weapon used and injuries inflicted as well as meeting of mind amongst the accused. When common intention is established, it is irrelevant who gave fatal blow. Therefore, in the present case accused appellant Bhoja Ram has been rightly convicted with the aid of Sec. 34 I.P.C. and argument that Sec. 34 I.P.C. is not applicable in this case is totally baseless and the same is rejected. (Para 28)
Name of accused Offence under Sec. Sentenced awarded
Bhoja Ram Sarvan Ram 304 (ii) read with Sec. 34 I.P.C. 5 years R.I. and a fine of Rs. 3000/- in default to further undergo 1 years R.I.
(2). It is stated here that accused appellant No. 2 Sarvan Ram has died, therefore, his appeal has been dismissed as abated by this Court vide order dated 30.8.2001. Hence, present appeal pertains to appellant No. 1 Bhoja Ram only.
(3). This appeal arises in the following circumstances:
i) On 9.6.85, at about 1 a.m., P.W. 5 Bega Ram lodged an oral report Ex.P/3 with the police Station Sardar Shahar, Churu before P.W. 10 Jogendra Singh stating that in the night on 8.6.85 at about 9-9.30 p.m. P.W. 5 Bega ram along with P.W. 9 Bhera Ram were going towards the house of Soni for the purpose of satisfying natural call and as soon as they reached near the bus- stand, near the house of P.W. 4 Raju Ram, they heard cries and after hearing cries, P.W. 5 Bega Ram and P.W. 9 Bhera Ram rushed towards that place from where cries were coming and after reaching there they saw that the accused appellants were beating Amra Ram (hereinafter referred to as the deceased) and brother of P.W. 5 and at that time, the accused appellant Bhoja Ram was armed with Gandasi and that of Sharwan was armed with lathi and both beat the deceased severely. The deceased tried to run away, but he fell down in the premises belonging to P.W. 4 Raju Ram and thereafter Raja Ram P.W. 4 also came and when they made hue and cry, the accused appellants ran away, but they were saying that they had taken revenge. It was further stated in the report that the condition of the deceased was serious one as huge blood came out from his body and P.W. 2 Kistara Ram and P.W. 3 Bhajna Ram were also called. It was further stated in the report that since two days earlier to this incident., the deceased entered the house of accused appellants and for that entry, this incident took place and accused appellants made murderous attack on the deceased.
(4). On this report, P.W. 10 Jogendra Singh chalked out regular FIR Ex.P/3 and registered a case for offence under Sec. 307 and 326/34 I.P.C. and since it he morning of 9.6.85, at about 4.10 a.m. the deceased died, therefore, the case was converted under Sec. 302 I.P.C.
(5). At about 3.45 a.m. on 9.6.85 injuries of deceased were examined by P.W. 1 Dr. Sri krishna Kaushik who gage his injury report Ex.P/1 which shows that the deceased received as many as 19 injuries both by blunt and sharp edged weapon. since the deceased died on the very night, the post mortem of the body of the deceased was got conducted by P.W. 1 Sri Krishna Kaushik and post mortem report is Ex.P/2 where the cause of death has been opined as profuse bleeding leading to shock. In the post mortem report Ex.P/2, four fractures have also been shown apart from the injuries mentioned in injury report Ex.P/1.
(6). After usual investigation the police submitted challan against the three accused persons in the Court of Magistrate for offence under Sec. 304 I.P.C. from where it was committed to the Court of Sessions Judge, Churu.
(7). That on 21.9.95, the learned Sessions Judge framed charges for offence under Sec. 302, 302/34 and 302/114 I.P.C. against the accused appellants and one Bajrang Lal the who pleaded not guilty and claimed trial.
(8). During trial, 10 witnesses were produced by the prosecution and thereafter statements of accused under Sec. 313 Cr.P.C. were recorded and one witness was examined in defence.
(9). After concl
