RAM PRASAD & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellants Ram Prasad and Shri Kishan alias Ram Kishan along with Sultan, Sukh and Surajmal were tried by learned Additional Sessions Judge, Kota under Sections 302 read with Sec. 149 and 148, I. P. C., in connection with an occurrence dated May 10, 1977. During the course of this occurrence deceased Surajmal son of Shri Chhitar Lal sustained two injuries i. e.,

(2.) The prosecution in all examined nine witnesses, out of whom PW, 1, Pana, PW 2 Chhania, PW 3 Mannalal, PW 4 Ram Bilas, PW 5 Ram Kishan and PW 9 Bhairulal were examined as eye witnesses of the occurrence. PW 6 Dr. Rameshwar Vijai was examined to prove the postmortem report and the injuries sustained by the deceased, as he performed autopsy on the dead body of deceased Suraj Mai. PW 7 Shiv Narain and PW 8 Abdul Habib are the investigating officers of the case.

(3.) Learned Additional Sessions Judge after perusal of the evidence on record came to the conclusion that the guilt was not brought home to accused Suraj Mai, Sultan and Sua beyond reasonable doubt. He, however, convicted accused-appellants Sri Kishan alies Ram Kishan and Ram Prasad under Sec. 302 read with Sec. 34 I. P. C. and sentenced each of them to suffer imprisonment for life and a fine on Rs 500.00 each In default of payment of fine to further suffer one years' rigorous imprisonment.