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TMI Blog1983 (2) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... house of his father Ajudhya in village Therro for getting his lands ploughed. Next day at about 9 A.M. he along with his father left village Therro for village Kuretha. His father was going there for getting seeds from one of Dhani Ram's friends. When the two reached the field of Malkhan, which is said to be near the temple of Ram Kund, the three accused came out from inside the jhunri field of Malkhan and started beating Dhani Ram with lathis. Tulaiyan, appellant No. 3 caught hold of Ajudhya, the father of Dhani Ram and prevented him from having his son rescued. The other two continued beating Dhani Ram to death. The first information report was lodged at the police station at a distance of about 12 miles at 5-30 P.M. by Ajudhya. Sub-Inspector Prem Narain reached the spot at 3 A.M. On 9th October. He found the dead body of Dhani Ram lying on the way between the fields of Halka and Malkhan. He prepared the challan of the dead body and a letter for postmortem and sent the dead body for postmortem. Thereafter he investigated the case and submitted the chargesheet against the three appellants. 3. The accused denied the charge. Babu said that the case was started against him as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ha. The presence of the faecal matter in the large intestine does indicate that Dhani Ram had not evacuated. There- fore, the possibility that Dhani Ram was done to death early in the morning before he had evacuated is Dot weeded out. Ajudhya, P.W.1, in his deposition has clearly stated that Dhani Ram used to ease himself just after getting up from the bed but he was not in a position to say whether on that fateful day Dhani Ram had gone to ease himself just after getting up from sleep. If Dhani Ram was in the habit of going out to ease himself early in the morning just after getting up, there seems to be no reason why he would not go to ease himself on that day if he was to go to his father-in-law's house. 8. The Sessions Judge also came to the conclusion that the place of occurrence was not the one as alleged by the prosecution in the first information report. In the FIR it has been stated that assault on Dhani Ram had been made at the field of Malkhan near Ram Kund Temple. According to the Sub-Inspector the dead body and the blood were found near the field of Malkhan which is at a distance of more than a furlong from Ram Kund Temple. Ajudhya, P.W. 1, stated before the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a. They were on friendly terms, meeting everyday. They came into the witness box only to help Ram Charan, one of the accused in the case under section 498 Indian Penal Code, who also belonged to the same caste of Gadarias as the two witnesses. In the opinion of the learned Session Judge the fact that the other two. witnesses, namely, Arjun and Kashi were also going to another village Dhanora for seeds and they happened to see the occurrence was too much of a coincidence. No owner of any of the fields in the vicinity has been produced as a witness on behalf of the prosecution. 13. The blood-stained earth said to have been taken from near the field of Malkhan was sent to the chemical analyst and the serologist but the report of the serologist has not been produced before the court, and, therefore, it cannot be said that the blood recovered from the site was human blood. 14. The learned Sessions Judge was also of the view that the accused had no motive to murder Dhani Ram inasmuch as in the complaint under section 498 Indian Penal Code it was said that Ra n Charan and Ghurka had enticed away the wife of Babu but they kept her at the house of Dhani Ram. Ajudhya, the father of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. But if they were Dot on the scene of occurrence they might draw on their imagination and try to implicate persons on whom they had a sus-picion. In our opinion the High Court was not justified in coming to a different conclusion if the conclusion drawn by the Sessions Judge was a plausible and possible one. 17. Arjun, P.W. 2 and Kashi Ram, P.W. 3 were Gadarias by caste. Ajudhya was also Gadaria by caste. Arjun and Kashi Ram were just next door neighbours of Ajudhya and they were on friendly and visiting terms. Two of the persons accused- in the complaint filed by Babu were also Gadarias by caste. The learned Sessions Judge in the circumstances branded those witnesses as not independent. As observed earlier, the High Court, however, held that they would not be interested in implicating false persons merely on the ground that they were next door neighbours. The High Court further took the view that no question was put to the witnesses that Malkhan had two fields, one adjoining Ram Kund temple and the other at a short distance away from the other. It was not for the accused to prove that there was another field of Malkhan but it was for the prosecution to prove by conclusive evi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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