RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the accused appellants against the judgment and order dated 9. 7. 2001 passed by learned Additional Sessions Judge, Gulabpura in Sessions Case No. 94/2000 whereby the learned Additional Sessions Judge, Gulabpura convicted the accused appellants for offence under Sec. 304 (II) I. P. C. in place of Section 302 I. P. C. and sentenced each of them to undergo 7 years' R. I. and a fine of Rs. 500/- in default to further undergo 1 month's S. I. and also convicted the accused appellants for offence under Section 323 I. P. C. and sentenced each of them to undergo 1 month's R. I. Both the sentences were ordered to run concurrently.

(2.) THIS appeal arises in the following circumstances : (i) On 16. 9. 97 at about 6. 55 p. m. Soji S/o Deva Ji (hereinafter referred to as the Deceased) gave Parcha Bayan before Gautam Singh, ASI of the Police Station Fulia, Dist. Bhilwara stating that in the evening on 16. 9. 97, he and P. W. 3 Jiya wife of his brother were passing through the field along with the cattle and when they reached near Talab, the accused appellants Ramswaroop, Ramdeo, Rughnath, and Soji came and accused appellant Rughnath told him that he had abused his brother Soji yesterday and upon this the deceased told him that he did not abuse, rather his Bhabhi used to abuse and therefore, he also abused. It was further stated by the deceased that the accused appellants Rughnath and Ramdeo were having axe and rest of the accused appellants were armed with lathis and all the accused appellants encircled the deceased and thereafter the accused appellant Rughnath gave an axe blow on his left leg. Accused appellant Ramdeo gave an axe blow on the finger of left hand and, thereafter all started beating him. P. W. 10 Shambhu intervened in the matter and accused appellants also beat P. W. 3 Jiya and as a result of beating, the deceased received injuries on his both hands, head and near ear etc. Thereafter P. W. 2 Kailash and P. W. 5 Ramdhan took him to hospital, Fulia (it may be stated here that the deceased died on the same day i. e. on 16. 9. 1997 at about 9. 05 p. m. and this Parcha Bayan was recorded by Gautam, ASI, but this Gautam has not been produced by the prosecution nor this Parcha Bayan has been got exhibited by the prosecution ).

(3.) THAT on 8. 1. 98, the learned Additional Sessions Judge framed charges for offence under Sections 302 and 323/34 I. P. C. against the accused appellants who pleaded not guilty and claimed trial.