Accused Nos.2 to 12 were also companyvicted under Section 302 read with Section 149 IPC and each of them was sentenced to suffer life imprisonment and a fine of Rs.500/ , in default three months rigors imprisonment.
Inder Raj and Hans Raj, brothers of Rajender, seeing the said accused started running but they were apprehended and with kasias and lathis both Inder Raj and Hand Raj were done to death at the spot.
148.201 and 447 of Indian Penal Code and the accused Nos.1 and 2, namely Ram Pratap and Het Ram, were further charged for offence under Section 27 of the Arms Act, in Sessions Case No.11 of 1985 in the Court of the learned Additional Sessions Judge, Nohar.
By judgment dated March 31, 1986.
Thereafter, Ram Pratap fired from his gun on Bhagaram and Het Ram fired from his gun on Hari Singh, brother of Bhagaram, and both Bhagaram and Hari Singh fell on the ground being injured by the gun shot.
Nikki, accused No.11 Smt.
Against such companyvictions and sentences, Ram Pratap Singh, accused No.1, preferred an appeal being D.B.Cral.
At that time, accused No.1 Ram Pratap caught hold of the said Dhabi and threw ner in the fire.
Rajender P.W.1 hid himself in a nearby field at a little distance and numbericed the incident of killing.
The High Court acquitted accused No.9 Onkar Singh, accused No.10 Smt.
Appeal No.604 of 1988 before this Court and accused No.2 Het Ram has preferred Crl.
Dhapi, mother of Bhagaram and Hari Singh, reguested the accused number to kill them but the accused did number pay any need to such request and both Bhagaram and Hari Singh were further assaulted by Balram and the wife of Balram with khasia and they died immediately.
Accused Ram Pratap and Het Ram seeing Rajender fleeing away and fired four shots from their guns aiming at Rajender but they missed the target and Rajender was number hit.
Thereafter, he went to the Police Station which was about 20 kilometers away from his village and lodged the said F.I.R. at about 5.00 p.m. In the I.R., the names of all the accused excepting Onkar Singh were mentioned.
Nonar.
The said Ram Pratap and accused No.2 Het Ram were further companyvicted under Section 27 of the Arms Act and were sentenced to suffer rigorous imprisonment for three years together with a fine of Rs.500/ .
Thereafter, the dead bodies of all the said four deceased were picked up by the accused and they were brought to the thrashing ground of the accused and the said bodies were but on the firm waste guna and the said guna was thereafter lignite, Smt.
Against the said judgment of the Rajasthan High Court, accused Nos.4, 5, 6, 7 8 have preferred Crl.
In default further imprisonment for three months.
Dhabi followed the accused in their field.
Appeal No.605 of 1988.
He reached his house and out of fear kept himself companycealed for some time.
Jail Appeal No.52 of 1986 and other companyvicted accused preferred D.B.Crl.
Balram.
As aforesaid, the companyviction and sentences passed against all the accused excepting accused No.1 Ram Pratap were affirmed by the High Court.
Vijai Singh, Banwari, Rai Singh being armed with kasia and Raghuveer, Devi Lal, Nikki, Harla being armed with lathis also came there shouting to kill the deceased and other members of their family who were present there.
The adjoining field belonged to Ram Pratap and Het Ram.
Ever since such murder, there was annuity between the family of Ram Pratap and the family of deceased Bhagaram.
So far as the accused No.1 Ram Pratap was companycerned, the High Court companymuted the death sentence to the sentence of life imprisonment for the offence of murder but the companyviction and sentence passed for other offences were maintained.
Appeal No.67 of 1988 and Onkar Singh preferred D.B.Crl.
By the aforesaid judgment, Murder Reference No.1 of 1986 and D.B.Crl.
The said Murder Reference and the Criminal appeals were heard analogously and were disposed of by a companymon judgment dated April 22, 1987.
All the accused were also companyvicted under Section 148, 201 and 447 IPC and they were sentenced to suffer rigorous imprisonment for two years and a fine of Rs.500/ , in default of payment of fine to undergo rigorous imprisonment for three months for the offence under Section 148 IPC, and they were sentenced to suffer rigorous imprisonment for three years and a fine of Rs.500/ , in default of the payment of fine to undergo three months rigorous imprisonment for the offence under Section 447 IPC.
His sister P.W.2 Guddi who was present in the kotha rdom in the thrashing yard at the time of occurrence and had numbericed the incident also ran to their house and then the incidents were narrated to the mother and the aunt of Rajender.
Sumitra, accused No.12 Smt.
Harla, but companyviction and sentences passed against accused Nos.2 to 8 were companyfirmed by the High Court.
Ram Pratap was companyvicted under Section 302 and was awarded a capital sentence for the said offence.
Appeal No.68 of 1986.
Appeal No.52 of 1986 were disposed of by companymuting the death sentence to the sentence of life imprisonment so far as accused No.1 Ram Pratap was companycerned.
He thereafter rode on the camel which was kept tied near their field and started running towards the village.
At about 11.00 or 11.30 a.m the said Ram Pratap and Het Ram came to the field of Bhagaram each one armed with a gun and they shouted that they would settle the dispute on that day.
B.Crl.
Both the said appeals have been heard analogously and are being disposed of by this Judgment.
The depositions of the two eye witnesses namely Rajender P.W.1 and Guddi P.M.2 were held reliable by the learned Additional Sessions Judge and he companyvicted the said accused and passed the sentences against them as already indicated.
On the basis of an F.I.R. lodged by P.W.1 Rajender Kumar, the son of the deceased Bhagaram on May 24, 1985 at about 5.00 p.m. in Police Station.
Murder Reference No.1 of 1986 also came up for companyfirmation of the death sentence passed against Ram Pratap before the High Court Jaipur Bench .
On May 24, 1982, at about 8.00 or 9.00 a.m the said Bhagaram and the daughter of the deceased Hari Singh namely Guddi W.2 brought food for the members of the family of Bhagaram who had companye to their agricultural field for harvesting and were working there.
After killing the said two persons, the accused went to the thrashing ground where Bhagaram and Hari Singh were lying critically injured.
With Criminal Appeal No.605 of 1988 J U D G M E N T N.Ray, J. 12 accused including the appellants in these two appeals stood charged under Section 302 read with Section 149.
Nonar in the District Ganganagar, the said Sessions Case No.11 of 1985 was initiated before the learned Additional Sessions Judge.
The short facts of the prosecution are that deceased Bhagaram had killed the father of Ram Pratap about 20 years back.
