MUNESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal has been filed under Section 374 Cr.P.C. against the judgment dated 12.5.2017 passed by learned Additional Sessions Judge, Karauli in Sessions case No. 34/14 (81/14) (in FIR No. 35/14) registered at P.S. Langra, Dist. Karauli, whereby the learned Trial Court has convicted and sentenced the accused appellant as under:-

(2.) The case of the prosecution in nutshell is that complainant Meerabai (P.W.1) submitted a written report Ex.P.1 on 16.3.2014 at 3.15 p.m. to the Station House Officer, Police Station, Langra, Dist. Karauli, and on the basis of which, an FIR Ex.P.2 was got registered at Police Station Langra, Dist. Karauli, wherein it was stated that on the fateful day, i.e., 11.3.2014 at 1 p.m., her son Khushiram was constructing kotdi in the bada of buffalos. Thereafter, some members of her family i.e. Munesh S/o Haricharan, Shirmohar S/o Ramcharan, Haricharan S/o Pacchu and Leela W/o Haricharan along-with Munni W/o Shirmohar came at the place of incident having Lathi and danda in their hands and they started beating her son Khushiram. During beatings when her son started quarreling, her husband Siyaram came to rescue but he too was beaten by accused persons. Shirmohar caught hold of him, then Munesh gave lathi blow on his head. Her husband became unconscious and thereafter she reached at the spot. Few villagers namely Ramjilal, Master Badri S/o Rambabu, Ramdayal reached there. They tried to rescue and thereafter Badri, Dayalu took injured to the Karauli hospital, from where he was referred to Jaipur, where her husband died during treatment on 15.3.2014 at 10.20 a.m. Hence this report.

(3.) The police on the basis of the above report, registered the FIR No.35/2014 Under Sections 147, 148, 149, 323, 341,307 and 302 IPC. After investigation, the police submitted the chargesheet under Sections 341,323 and 302 I.P.C..