The given case is an appeal by 5 accused sentenced under Section 302, 307, 323 and 324 read with Section 149 IPC. The given case has 13 witnesses against the accused and various criminal appeals were filed.
Briefly, the facts of the case are:
The deceased (Shivaji Ram) and his brother had obtained a land from the Gram Panchayat at the western side of the village. Two of the 5 accused i.e Bhera Ram and Sadula Ram threatened Shivaji Ram to snatch the land away from him. Two months prior to the date of crime, the victim and his brother had erected fence around the land which had seriously annoyed the accused. On the occurrence day i.e. on 29.5.1983 at 10.30 a.m. Shivji Ram and both his younger brothers were repairing/re-erecting the fencing in their land, accused persons Bhera Ram, Sadula Ram and his sons Mohan Ram and Surja Ram, Gordhan Ram, Nanak Ram and Chuna Ram, all duly armed entered and started dismantling the fence. Shivji Ram and his brothers questioned the same by saying that they have obtained Patta from the Panchayat. Thereupon Bhera Ram and Surja Ram simultaneously inflicted Barchhi blow on the head of Shivji Ram, as a result of which he fell down and all the accused attacked him with their weapons. Shera Ram intervened and accused Mohan Ram inflicted Barchhi blow which landed on the left side of his head and accused Chuna Ram inflicted the jei blow on his right leg. Then all the accused started beating whereupon his sister Dhuri came running and fell upon Shera Ram in order to protect him. PW 11 Balu Ram and PW 2 Mangi Lal who were present at the occurrence place were threatened by the accused and they got frightened and saw the occurrence standing by the side of the road. After that all the accused went away. Shivji Ram died on the spot.
Judgment:
After analysing all aspects of the crime and involvement of the accused, the judge said
Looking at the nature of injuries sustained by the deceased and the circumstances as enumerated above the conclusion is irresistible that the death was caused by the acts of the accused done with the intention of causing such bodily injury as is likely to cause death and therefore the offence would squarely come within the first part of Section 304 IPC and the appellants would be liable to be convicted for the said offence. The conviction of the appellants/accused under Section 304 Part II read with Section 149 IPC by the High Court is liable to be set aside.
We are of the considered view that imposition of 7 years rigorous imprisonment on each of the appellants for the conviction under Section 304 Part I IPC would meet the ends of justice. We sustain the other conviction and sentences imposed on the appellants. We are also of the view that the appellants are not entitled for release on probation.
In the result Criminal Appeal No.1990 of 2010, 1991 of 2010 and 1992 of 2010 preferred by the State of Rajasthan against the accused persons Nanak Ram, Mohan Ram and Surja Ram are partly allowed and their conviction for the offence under Section 304 Part II IPC read withSection 149 IPC and the sentences of 5 years rigorous imprisonment each are set aside and instead they are convicted for the offence under Section 304 Part I read with Section 149 IPC and sentenced to undergo seven years rigorous imprisonment each. All other convictions and sentences imposed on them by the High Court are maintained. Criminal Appeal No.1985 of 2010 and 342 of 2011 are dismissed.