LALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT has been found guilty of

(2.) AS per the prosecution, PW -1 Suresh Chandra on 18.8.2002 at about 06:30 PM submitted a written report (Ex.P/1) with assertion that on the same day he and his brother were at "Uparla Kuan" and his father Magniram, mother Badam, aunty Bali and Premi were working at Kali Pati field. At about 4 -5 PM Lalu and Kishan both sons of Dalchand came and without having any right of way they forcibly proceeded with their oxes and cows for grazing. On objection they threw stones and on making cry Magniram came at the spot to whom Lalu gave an axe blow on neck. Kishan at that time was saying not to leave Magniram alive. The injured Magniram then was taken to Gangapur Hospital by jeep. On receipt of the information aforesaid a case was registered for investigation under Sections 307, 323, 447 and 34 IPC. The injured was taken from Gangapur Hospital to Government Hospital, Bhilwara and then to Government Hospital, Udaipur where he died on 23.8.2002, thus, the charge of offence punishable under Section 302 IPC was also added. After usual investigation a charge sheet was filed and the trial court settled charges under Sections 447 and 302 IPC against accused Lalu and under Section 447 and 302/34 IPC against Kishanlal.

(3.) PW -20 Dr. Akhilesh Sharma conducted autopsy and proved the postmortem report Ex.P/24, according to which the cause of death of Shri Magniram was shock as a result of neck injury which was sufficient to cause death in ordinary course of nature.