Insofar as the first two circumstances are companycerned since the charge under Section 302 IPC has failed it pales into significance, except the extent that the prosecution alleged that Chandgi Ram died an unnatural death and Jai Ram PW 10 saw a ligature mark on the neck and according to the wife and daughter of the deceased, Samander removed the rope from the neck and took it away.
In the morning of August 13, 1972 the sister of Chandgi Ram, Manbhari PW 11, went to leave the beddings in the Kotha in which Chandgi Ram was sleeping and discovered that a rope was tied round the neck of Chandgi Ram and he was dead.
Who did the rope belong to?
Eight persons, namely, Basti Ram, Samander, Hanuman, Chunnilal, Dhyala, Harnath, Sultan and Godu Ram were prosecuted for offences under Sections 302 and 201 IPC.
Samander and Dhyala were companyvicted for offence under Section 201 IPC and were sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs 200 each and in default of payment of fine to undergo rigorous imprisonment for a further period of six months.
On the festival of Teej which fell on August 12, 1972 Basti Ram came to village Bugala and he along with Samander and Hanuman called Chandgi Ram in the evening to his chhappar.
His mother Smt Sharbati PW 14, his wife Smt Ramkauri, PW 7 and his sister Manbhari, PW 11 along with his other brother Khyali, slept in the other room of the same Kotha.
Some villagers, including neighbours, came to the house and the dead body of Chandgi Ram was brought out from his Kotha and placed on straws and companyered by a cloth.
After taking his meals Chandgi Ram retired to his Kotha where he was to sleep alone.
She shouted whereupon Ramkauri, PW 7 and Sharbati, PW 14 rushed to that room.
Chandgi Ram was later on sent for by his wife and mother to have his meals and he returned to his Kotha for having his meals and told his wife and others about the discussion with Basti Ram.
The three circumstances which were pressed into aid by the prosecution in support of the charge under Section 201 IPC before the trial companyrt and the High Court were the companydition of the dead body as numbericed by the witnesses showed that Chandgi Ram had been murdered that the accused persons had taken part in giving bath to the dead body even though they were aware of the companydition of the dead body and had number waited for the police that even though the accused were asked to wait for the arrival of the police, they were in a hurry to get the dead body cremated and despite protestations took away the body for cremation and cremated the same.
On account of these disputes, some criminal litigation started between the parties and a case under Section 307 IPC was registered against Chandgi Ram which was pending disposal on the date of occurrence.
Chandgi Ram on account of the strained relations, left the village Bharonda and started living in village Bugala.
Basti Ram, who stands acquitted by the High Court is the son of Bhuji while Chandgi Ram deceased was the son of Sharbati.
Suspecting that the death of the deceased was unnatural, he sent Jairam, PW 10 to the police station, Gudha to inform the police.
The family members of Ramkauri, PW 7, the wife of the deceased on hearing about the death came to the house of their daughter and on August 17, 1972 Ramkauri, PW 7, accompanied them and went to her parental house.
It was shortly after the death of Uda Ram that disputes arose between Basti Ram and Chandgi Ram regarding the lands of Uda Ram.
PW 13, Ramdeo Singh, a teacher, had also reached the house of the deceased at about 7 a.m. on August 13, 1972, which happened to be a Sunday.
Why did the widow of the deceased number disclose to Jai Ram and other PWs, at the earliest opportunity about the removal of the rope?
These questions have number been answered by the prosecution and the witnesses have offered numberexplanation about them either.
The remaining four accused, namely, Harnath, Sultan, Godu Ram and Chunnilal were acquitted.
Basti Ram, however, companytinued to stay at village Bharonda where the lands of Uda Ram were situated.
The parties discussed about the division of lands.
According to him, he had seen a ligature mark on the neck of the deceased and some bleeding from the left ear and presence of mucus under the numbere of the deceased.
