STATE OF RAJASTHAN Vs. SHOBHA RAM

JUDGEMENT

(1.) These appeals are directed against the judgment and order passed by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in Criminal Appeal No. 130 of 2000, dated 03.06.2005. The High Court, while affirming the judgment of the Trial Court in Sessions Case No. 49/99, dated 15.03.2000, has convicted Shri Ram - A-1, under Section 302 read with Section 34 of the Indian Penal Code ("the IPC" for short) and reversed the judgment of the Trial Court and acquitted Shobha Ram - A-2. It is the acquittal of A-2, which is called in question by the appellant State of Rajasthan in Criminal Appeal No. 592 of 2008.

(2.) Criminal Appeal No. 593 of 2008 is preferred by Shri Ram - A-1, being aggrieved by the order of conviction and sentence passed by the Trial Court and confirmed by the High Court.

(3.) The facts in brief are: The incident occurred on 16.02.1999 at about 5.30 p.m. PW-1 - Mohanlal, who is the brother of the deceased- Trilokchand had lodged the FIR before S.H.O., Police Station Chechat, regarding the alleged assault on the deceased by the accused persons. On the fateful day, the appellants on account of their past enmity over the well located in their lands, formed common intention to cause death of Trilokchand (since deceased) and in furtherance of their common intention, they caused injuries to the deceased with stones resulting in his death. The FIR was registered and after the completion of the investigation, the investigating agency had filed a charge-sheet against A-1 and A-2 under Section 302 read with Section 34 of the IPC. The accused persons denied the charge and pleaded false implication and, therefore, the Trial had commenced against both the accused A-1 and A-2.