DUNGA RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are preferred by accused appellants Dungaram son of Pannaji and Ganeshram son of Pannaji against the judgment dated 13.3.2002 passed by learned Additional Sessions Judge, Bali. By the judgment aforesaid learned Additional Sessions Judge convicted both the accused appellants for the offence punishable under Section 302/34 Indian Penal Code and sentenced them to undergo life term imprisonment with a fine of Rs. 100/ -each. The proceedings against third accused Jhalaram son of Durgaram stood abated because of his death during the course of trial.

(2.) AS per prosecution case, on 29.1.1998 at about 07:30 PM, one Bhanwarlal son of Meetharam resident of Kothar, submitted a report at police station Nana with assertion that on the same day at about 06:30 PM his brother Lakhmaram has been killed under a plan. As per the report aforesaid, daughter of complainant named Padma saw her uncle Lakhmaram sitting outside the shop of Mangalji and then an axe blow was given to him by Ganesh. Lakhmaram tried to escape himself and, thus, went inside the shop. Ganeshram, Dungaram and Jhalaram chased him and entered into the shop. They gave numerous axe and knife blows, consequent thereto Lakhmaram died. The factum of killing of Lakhmaram was also told to the complainant by Hansaram and Vikram Singh.

(3.) THE prosecution supported its case with the aid of 22 witnesses (PW -1 to PW -22) and exhibited documents as Ex.P/1 to Ex.P/42. An opportunity was afforded to the accused to explain circumstances appearing in the evidence against them. In defence, the accused persons produced documents Ex.D/1 to Ex.D/5 and also Dr. Chandrakant Acharya as DW -1.