STATE Vs. RATAN LAL @ LILA RAM

JUDGEMENT

(1.) Heard the learned counsel for the appellant and examined the impugned judgment as well as record of the trial court. The Sessions Judge, Jhunjhunu vide its impugned judgment and order -dated 15th of September 1980 in Sessions Case No. 14/1980 convicted and sentence the accused -persons Jagdish and Ratanlal @ Leeluram as under: - -

(2.) Both the accused -persons were charged with offence under Sec. 302 or Sec. 302 read with Sec. 34 IPC, therefore, being aggrieved with the order of acquittal in respect of accused Ratanlal @ Leeluram from the offence under Sec. 302 IPC, the State has preferred this appeal to convert his conviction from the offence under Sec. 304 Part I IPC to 302 IPC and to sentence him accordingly.

(3.) The facts, in brief, are that on 18th of February 1980, a written report (Ex. P/3) was lodged by PW -3 Rajendra Singh son of Shri Dev Singh Jat at Police Station Chirawa about so -called murder of his brother Ramsukh. The FIR was registered and after completion of investigation, a charge -sheet was submitted against both the accused persons in the Court of Munsiff and Judicial Magistrate, 1st Class, who committed the case for trial to the court of Sessions Judge. The prosecution examined 8 witnesses including 3 eye -witnesses PW -3 Rajendra Singh, PW -4 Indraj and PW -5 Thadu Ram. During arguments before the trial court, the learned Public Prosecutor did not argue about any enmity in between both the parties as mentioned in para 15 of the impugned judgment. After appreciation of evidence of eye -witnesses, the trial court recorded a finding that there was no motive in the present case to commit murder of deceased Ramsukh by the accused party.